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Defendant
A Imprisonment for six months, Defendant B shall be punished by a fine of 5,00,000 won.
Defendant
B The above fine.
Reasons
Punishment of the crime
Defendant A is the head of office in Pyeongtaek-si F Hospital; Defendant B is a person who has served as a doctor; Defendant B is a person who has transferred his personal taxi transport business license for whom five years have not passed since the acquisition of the personal taxi transport business license; K is a former head of the LF Hospital; and M is a “broer” as a broker for the purchase and sale of the personal taxi transport business license.
A person who has obtained a personal taxi transport business license under the Passenger Transport Service Act (hereinafter referred to as “private taxi transport business license”) shall not transfer a license unless there is any reason for not being able to drive a taxi directly due to disease requiring medical treatment for at least one year within five years from the date of acquisition. However, when an application for transfer of a private taxi license is filed and a written diagnosis is submitted as a document proving the reason for transfer, an administrative agency without medical knowledge or experience shall depend on a doctor’s diagnosis or opinion and shall not take a disposition for authorization. As such, the suspect tried to obtain a false medical certificate as if the person who obtained a private taxi license was unable to drive a taxi due to disease requiring long-term medical treatment and submit it to the competent administrative agency.
1. The Defendants’ co-principal G requested K to sell by using a false medical certificate, etc. of N individual taxi license that he/she acquired. K introduced G to M to make a false medical certificate of G, and M to issue a false medical certificate of G. Defendant A requested Defendant B to prepare a false medical certificate of diagnosis, and Defendant A conspired to submit a false medical certificate of diagnosis of G that does not require medical treatment for more than one year, along with the application for authorization for transfer and acquisition of a private taxi license.