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Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for six months.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
1. The Defendants and D, E, and F refer to the “Broman” as the “Broman” to arrange the issuance of a false diagnosis certificate necessary for the transfer of a private taxi transport business license (hereinafter “private taxi license”).
G, H, I, J, K, L, M, M,O, P, Q, and R are the persons who have transferred the said license before five years have not passed since they acquired their own taxi transport business license.
On the other hand, the Passenger Transport Service Act provides that a person who has obtained a private taxi transport business license shall not transfer the license unless he/she is unable to drive directly due to disease requiring treatment for at least one year within five years from the date of acquisition.
However, if a medical certificate is submitted as a document proving the reason for transfer while applying for the transfer of a private taxi license, the public official in charge can not take a measure for authorization in accordance with the doctor's diagnosis or opinion.
The Defendants and the aforementioned D et al., on the ground of their substitute patients, issued a false medical certificate as if they were unable to drive directly due to disease requiring treatment for more than one year, and submitted it to the competent administrative agency along with the written application for the authorization of transfer and acquisition of a private taxi license.
2. Criminal facts;
A. Around July 2010, the Defendant received a request from G to sell a private taxi license using a false medical certificate, etc., and received 15 million won in good offices, and requested Brer D to create a false medical certificate by informing Brer D of his personal information about G, and the above D conspired in order to receive a false medical certificate of G by using an acting patient at a U hospital located in Nam-gu Incheon Metropolitan City T.
B around July 3, 2010, the above D's 4-5 summary for G from the doctor V of the above hospital on the ground of the substitute patient in the above U hospital.