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(영문) 서울중앙지방법원 2015.05.14 2013고정3966
허위진단서작성등
Text

Defendant

A A A Fines of KRW 5 million, Defendant B, C, D, E, and F shall be punished by a fine of KRW 1.5 million, and Defendant G shall be punished by a fine of KRW 2 million.

Reasons

Punishment of the crime

[Criminal Justice, etc.] Defendant F was sentenced to three years of suspension of execution due to fraudulent means, etc. on November 26, 2009 by the Seoul Southern District Court on September 30, 2010, and the above judgment became final and conclusive on September 30, 2010. On January 7, 2014, Defendant F was sentenced to one year of suspension of execution of imprisonment with prison labor for a violation of the Medical Service Act on January 15, 2014 and the above judgment became final and conclusive on January 14, 2014; Defendant H was sentenced to two months of imprisonment with prison labor for a violation of the Passenger Transport Service Act at the Seoul Southern District Court on October 14, 2009 and two months of imprisonment with prison labor for a violation of the Passenger Transport Service Act, etc. on January 14, 201, and the above judgment became final and conclusive on September 3, 201 after having been sentenced to imprisonment with prison labor and a fine of one year and two million won for obstruction of performance of execution.

J, K, L, M, Defendant A, and Defendant H are measures to arrange illegal transfer of licenses for private taxi transport business, and Defendant B, Defendant C, Defendant D, Defendant E, and Defendant G are former private taxi articles, and Defendant F is a medical corporation located in Gyeyang-gu Incheon Metropolitan City N as a doctor outside of the O medical PH hospital.

【Criminal Facts】

A person who has obtained a private taxi transport business license under the Passenger Transport Service Act shall not transfer a license unless he/she is able to drive directly due to disease requiring treatment for at least one year within five years from the date of acquisition. However, among a person who has obtained a private taxi transport business license for which five years have not passed since the date of obtaining the license, he/she is able to transfer the license even if he/she pays a low-priced fee due to economic circumstances, etc., and if he/she files an application for a license for private taxi transport business license and submits a medical certificate prepared by his/her doctor, the administrative agency must rely on the doctor's diagnosis or opinion

The Defendants take advantage of these points.

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