beta
(영문) 수원지방법원 성남지원 2015.04.16 2015고단213

위계공무집행방해등

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in real estate leasing business, Defendant B is a person who is engaged in the building business, and F is a person who works as an architect assistant at the G architect office.

Defendants and F, based on the fact that they cannot obtain a building permit for the purpose of an individual workplace or factory within a development-restricted zone, but can obtain a building permit for the purpose of a resident-sharing facility for village residents, Defendant B prepared a false document in the name of the village council and conspired to obtain a building permit for the use of the common use facility under the name of the village residents.

After July 31, 2014, F submitted a false business plan, articles of incorporation, minutes of the general meeting, etc. of the 'K Village Association' to the J, a public official in charge of building permission, when applying for a construction permit for one of the first-class neighborhood living facilities for the use of the common ditch, which is a type 1 neighborhood living facility of the building area 99.61m2 on the land outside the Hanam-si, the Hanam-si, which is a public official in charge of building permission. On September 4, 2014, F, a public official in charge of building permission for the said warehouse, such as J, etc., conducted a construction permit for the said warehouse by misunderstanding that the said KR community association intended to construct a common tunnel for the village residents on the said land.

In this way, the Defendants conspired with F and thereby, F was punished as F in the instant case No. 2015 Sudan207.

A public official's lawful examination duty was obstructed by fraudulent means and at the same time a building permit was issued for the warehouse of this case by fraud or other improper means.

Summary of Evidence

1. Defendants’ respective legal statements

1. Investigation report (a suspect interrogation protocol concerning F by prosecution);

1. A copy of an investigation report (a copy of a statement made to J);

1. Application of Acts and subordinate statutes (Evidence List 8) to construction permission documents in the name of K Village Association;

1. Criminal facts;