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(영문) 창원지방법원 진주지원 2017.07.07 2017고정96
위계공무집행방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates C enterprises in Jinju City B.

On November 2015, the Defendant paid 250,000 won as tuition fees even though he did not complete all the necessary theoretical and operational training necessary for obtaining a license for a pilot for less than three tons from F, other than the head of a private teaching institute, in the “E private teaching institute” located in Jinju-si, Jinju-si, the Defendant: (a) paid 2.50,000 won to F; and (b) was issued a certificate of completion of education as if the Defendant completed all of the training at the

On November 18, 2015, the Defendant continued to obtain a license for a small-sized construction machinery pilot(s) operator(s) by submitting a certificate of receipt to a public official who does not know of the aforementioned circumstances at the office of the office of the office of the office of the office of the office of the office of the registration of Goju-dong, Jin-si, Jin-si, Seoul, as if it was actually prepared.

Accordingly, the defendant was issued a small-sized construction machinery pilot's license unlawfully and at the same time interfered with the public official in charge of issuing a small-sized construction machinery pilot's license by fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police in relation to F;

1. A copy of an education course for the operation of small construction machinery;

1. Application of statutes on a copy of a construction machinery pilot's license;

1. Relevant Article 137 of the Criminal Act concerning facts constituting an offense; Articles 41 subparagraph 2-2 and 26 of the Construction Machinery Management Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a person who commits a crime of obstructing the performance of official duties in a deceptive scheme holding heavier punishment);

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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