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(영문) 수원지방법원 성남지원 2015.06.11 2015고단516
위계공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is a person working as a real estate brokerage assistant, and D is a person working as an architect assistant at the E-Architect Office.

1. Based on the fact that the Defendant and D related to permission to store agricultural machinery in the name of the F Village Association are not entitled to a building permit for the purpose of an individual workplace or factory within the development restriction zone, but can obtain a building permit for the purpose of a common facility for community residents for village residents, the Defendant and D conspired to prepare a false document as if they were to construct the agricultural machinery storage on the H lot in the Ha-Si of the Hannam-si of the G and then obtain a building permit for the use by G

After December 16, 2013, D submitted a false business plan, articles of incorporation, minutes, etc. of the F Village Association when applying for permission to construct one warehouse for the use of agricultural machinery storage facilities of 896m2 on the land owned by G to Hanam-si, Hanam-si, which is a public official in charge of building permission. On April 23, 2014, D knew that F Village Association intended to construct an agricultural machinery storage facility for village residents on the said land, and obtained permission to construct the said warehouse from the public official in charge of building permission for Hanam-si, including I, for the construction of the agricultural machinery storage facility for village residents on the said land.

In doing so, in collusion with D, the Defendant interfered with the official’s legitimate examination duties by fraudulent means, and at the same time, obtained a building permit for the warehouse of this case by fraud or other improper means.

2. The Defendant and D related to the permission to store agricultural machinery in the name of the J Village Association, in the same manner as in the preceding paragraph, prepared a false document as D, as if they were to construct a farm machinery warehouse on the land outside K and one parcel, and conspired to allow L to use it for personal use.

Since then on March 6, 2014, D is K in the office of the lower-nam viewing construction and office located in the Hanam city, and L owned by M who is a public official in charge of building permission.

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