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(영문) 수원지방법원 성남지원 2015.03.19 2015고단207

위계공무집행방해등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person working as an architect assistant at a D architect office.

The defendant, using the fact that he/she is unable to obtain a building permit for the use of a private workplace or factory within a development-restricted area, but can obtain a building permit for the common use facilities of residents for village residents, he/she received false documents from those who intend to construct a warehouse in return for the cost of design and received permission for the use of a village common ditch, village common workplace, agricultural machinery storage, etc.

The Defendant received a request from the landowner E to obtain permission for a village common ditch in a forest within a development-restricted zone, and conspired with E and F by receiving an application for permission, business plan, articles of association, etc. under the name of “G village council” from F, and pretending to exist as “G village council” exists.

On July 11, 2013, the Defendant submitted a false business plan, articles of incorporation, minutes, etc. of the “G Village Association” to H, a public official in charge of building permission, when applying for permission to construct one warehouse for the purpose of common use facilities for residents of Class 1 neighborhood living facilities of the common use facility of the common use facility of the area of 99m2 in the land owned by H, which is a public official in charge of building permission, on the land owned by H, and received the construction permission for the said warehouse from the public official in charge of building permission for the above warehouse on July 26, 2013, by misunderstanding that the said G Village Association intended to construct a common ditch for community residents on the said land.

In this way, in collusion with E and F, the Defendant interfered with the official’s legitimate examination duties by fraudulent means, and obtained permission to construct the warehouse of this case by fraud or other improper means.

In addition, from June 7, 2013 to September 4, 2014, the Defendant suggested 14 methods as above, as shown in the list of crimes.