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(영문) 수원지방법원 성남지원 2015.03.20 2015고단208
위계공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a certified architect who operates a DNA office.

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

The Defendant, upon receiving a request from the landowner E to obtain permission for a village common ditch on land within a development-restricted zone, prepared an application for permission under the name of the “F Village Association”, a business plan, articles of association, etc., and conspired with E to obtain permission for a village common ditch, pretending that the F Village Association exists.

On February 4, 2013, the Defendant submitted a false business plan, articles of incorporation, minutes, etc. of the F Village Association when he/she applied for a construction permit for one of the warehouses for the use of the common use facility of Class 1 neighborhood living facilities, which are the common use facilities of the residents of the common use facility of Class 1 neighborhood living facilities owned by G, the public official in charge of the construction permit, to G, on the land under his/her ownership. On June 7, 2013, the F Village Association was aware that the F Village Association intended to construct a common utility duct for village residents on the said land, and received the construction permit for the said warehouse from the public official in charge of the construction permit for the Hanam-si, such as G, to obtain the construction permit for the said warehouse.

In this way, the defendant in collusion with E, thereby obstructing the official's legitimate examination duty through fraudulent means, and at the same time obtaining a building permit by fraudulent or other illegal means.

From that time to July 8, 2014, the Defendant obtained a building permit for a resident-sharing facility by the foregoing methods, such as the list of crimes, from that time, and through a deceptive scheme.

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