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(영문) 대전지방법원 천안지원 2013.04.04 2013고단117

위계공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 24, 2008, the Defendant was sentenced by the Seoul High Court to imprisonment with labor for a violation of the Attorney-at-Law Act at the Seoul High Court on May 7, 2009 and completed the enforcement of the sentence.

1. The basic facts are as follows: Defendant, D, E, and F are “Brok” referred to as “broker” to arrange the issuance of a false diagnosis certificate necessary for the transfer of a private taxi transport business license (hereinafter “private taxi license”); G as the president of the HU, the HU, by mediating the above Broker to arrange the transferor of the private taxi license, who requires a false diagnosis certificate; I, J, K, L, M, N,O, P, Q, Q, R, and T respectively, while five years have not elapsed since the owner of the private taxi transport business license obtained the private taxi transport business license.

On the other hand, the Passenger Transport Service Act provides that a person who has obtained a private taxi transport business license shall not transfer the license unless he/she is unable to drive directly due to disease requiring treatment for at least one year within five years from the date of acquisition.

However, if a medical certificate is submitted as a document proving the reason for transfer while applying for the transfer of a private taxi license, the public official in charge can not take a measure for authorization in accordance with the doctor's diagnosis or opinion.

Using this, the Defendant and the above D et al. issued a false medical certificate as if they were unable to drive directly due to disease requiring treatment for more than one year, and submitted it to the competent administrative agency along with a written application for authorization for transfer of personal taxi licenses.

2. On July 2010, 2010, the criminal facts Brazil D received KRW 15 million from I to receive a false medical certificate, etc. of U-private taxi license and then made a false medical certificate while informing the Defendant of his/her personal information about I.