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(영문) 창원지방법원 진주지원 2017.06.08 2017고정121
건설기계관리법위반등
Text

Defendant shall be punished by a fine of two million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant did not complete the theoretical and practical training to acquire a pilot license for less than 3 tons necessary for driving the fore-car to be used in D when he works for the Defendant, while paying KRW 300,000,00, using the fact that the E Institute provides education to the E Institute with a certificate of receipt, to acquire a pilot license for less than 3 tons by illegal means.

On November 14, 2015, the Defendant received a certificate of completion of education as if the Defendant had completed all of the education at the above private teaching institute, and submitted the certificate of completion to the public official in charge of the above illegally issued education at the office of the Jinju Motor Vehicle Registration Office located in the Seocho-si, Jinju-si, as if the education was duly completed at the above office of the Jinju Motor Vehicle Registration Office, and was issued a small construction machinery pilot license.

Accordingly, the Defendant, as such, has obstructed the performance of duties by the public official in charge of issuing a license for a small construction machine operator by fraudulent means, and received a construction machine pilot license by illegal means.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A copy of an education course for the operation of small-sized construction machinery, a copy of an education course for the operation of small-sized construction machinery, suspect telephone numbers, and telephone calls;

1. Application of Acts and subordinate statutes to the letter of transfer of the case and a copy of the written opinion

1. Relevant criminal facts: Article 137 of the Criminal Act; subparagraph 2-2 of Article 41 and Article 26 of the Construction Machinery Management Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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