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(영문) 대구지방법원 포항지원 2014.08.06 2014고단312
위계공무집행방해등
Text

Defendant

A shall be punished by a fine of 700,000 won, and a fine of 300,000 won, respectively, for Defendant B.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who purchases fishery products captured by a small-sized fishing vessel using a 4.5 tons active fishing vehicle (E), and sells them again, and Defendant B is an owner of FF G (2.6 tons) at the time of racing and a person who is engaged in H fishery business as a H fishery representative.

In order to have a small ship operator's license renewed, he/she shall have at least one year's work suitable for the license within five years prior to the date of application for renewal, or at least two years' work experience on board a ship which is not a ship's personnel.

1. On August 16, 2013, Defendant A, a joint criminal defendant of the Defendants, submitted to K as a public official in charge of issuing a marine officer license, a certificate of work experience, a medical examination certificate, and a marine officer license renewal application to the effect that he/she was boarding the F F F F F F F F F F F F F F F F F F F F F F F F G G (2.60 tons) as the captain from March 7, 201 to August 16, 2013, and received renewal of the small ship operator license on the same day.

However, even if Defendant A did not board the above G (2.60 tons) from March 7, 2011 to August 16, 2013, Defendant A prepared a false career certificate in Defendant B’s name with the permission of Defendant B, the owner of the said G, even though he did not board the ship as captain of the said G (2.60 tons).

As a result, the Defendants conspired to submit a false certificate of work experience on board and renewed the license of small-sized ship pilot and interfered with the renewal of the license of public officials in the J Maritime Safety Department by deceptive means.

2. Notwithstanding that those who violate the Ship Personnel Act by fraud or other improper means do not obtain a marine officer’s license, the Defendant obtained a marine officer’s license by submitting a false certificate at the date, time, and place specified in paragraph (1).

3. Notwithstanding that anyone who violates the Ship Personnel Act in Defendant B was prohibited from falsely proving his/her work experience on board, the Defendant is present at H fishery office L on August 16, 2013.

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