2015dan4538 (a) Business obstruction

B. Performance of official duties by fraudulent means

1.(a) A

2.(a) B

3.(a)(b) C

4.(b)(D)

5.(b) E

6.(a)F

7.1.b) G

8. A.b. H

19.a.b) I

10.(a)(b)The J

11.(a)K

12.(a) L.

13.a.b. M

14.(a)N

15.A. 0

16.A.b. P

17.b. Q.

18.A. R

For the purpose of relocation (prosecution) and wests (public trial)

Attorney S (for Defendant A)

Public-service Advocates (for the defendant B, E, and I)

Attorney U (Defendant C, D, J, L, Q, and R)

November 17, 2015

1. Defendant A

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

To order the accused to provide community service for 320 hours.

500,000 won shall be additionally collected from the defendant.

2. Defendant B

A person shall be punished by imprisonment with prison labor for not less than six months and by imprisonment for not more than four months with prison labor for the crimes of No. 2 as stated in the judgment of the defendant.

However, the execution of each of the above punishments shall be suspended for one year from the date this judgment becomes final and conclusive.

10 million won shall be additionally collected from the defendant.

3. Defendant C. Defendant is punished by a fine not exceeding five million won.

If the defendant fails to pay the above fine, he/she shall be confined in the workhouse for a period calculated by converting 100,000 won into one day.

10 million won shall be additionally collected from the defendant.

4. Defendant D

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

If the defendant fails to pay the above fine, he/she shall be confined in the workhouse for a period calculated by converting 100,000 won into one day.

8 million won shall be additionally collected from the defendant.

5. Defendant E. The Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, he/she shall be confined in the workhouse for a period calculated by converting 100,000 won into one day.

3 million won shall be additionally collected from the defendant.

6. Defendant F

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

1.7 million won shall be additionally collected from the defendant.

7. Defendant G

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

If the defendant fails to pay the above fine, he/she shall be confined in the workhouse for a period calculated by converting 100,000 won into one day.

8. Defendant H

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

If the defendant fails to pay the above fine, he/she shall be confined in the workhouse for a period calculated by converting 100,000 won into one day.

9. Defendant I

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

If the defendant fails to pay the above fine, he/she shall be confined in the workhouse for a period calculated by converting 100,000 won into one day.

10. Defendant J

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

If the defendant fails to pay the above fine, he/she shall be confined in the workhouse for a period calculated by converting 100,000 won into one day.

11. Defendant K

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

If the defendant fails to pay the above fine, he/she shall be confined in the workhouse for a period calculated by converting 100,000 won into one day.

12. Defendant L.

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

If the defendant fails to pay the above fine, he/she shall be confined in the workhouse for a period calculated by converting 100,000 won into one day.

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

If the defendant fails to pay the above fine, he/she shall be confined in the workhouse for a period calculated by converting 100,000 won into one day.

14. Defendant N

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

If the defendant fails to pay the above fine, he/she shall be confined in the workhouse for a period calculated by converting 100,000 won into one day.

15. Defendant’s objection

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

If the defendant fails to pay the above fine, he/she shall be confined in the workhouse for a period calculated by converting 100,000 won into one day.

16. Defendant P

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

If the defendant fails to pay the above fine, he/she shall be confined in the workhouse for a period calculated by converting 100,000 won into one day.

17. Defendant Q. Defendant is punished by a fine of two million won.

If the defendant fails to pay the above fine, he/she shall be confined in the workhouse for a period calculated by converting 100,000 won into one day.

18. Defendant R

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

If the defendant fails to pay the above fine, he/she shall be confined in the workhouse for a period calculated by converting 100,000 won into one day.

Criminal facts

【Criminal Records】

On October 9, 2009, Defendant B was sentenced to imprisonment with prison labor for six months with prison labor for the crime of obstruction of performance of official duties by fraudulent means at the Busan District Court’s Dong Branch, and the judgment became final and conclusive on October 17, 2009. On August 12, 2010, the Incheon District Court sentenced Defendant B to one year of imprisonment with prison labor for the crime of obstruction of performance of official duties by fraudulent means, etc., and the judgment became final and conclusive on August 20, 201 by the Incheon District Court on April 13, 201, and the above judgment became final and conclusive on August 20, 201 on August 20, 201. Defendant C was sentenced to a suspended sentence of imprisonment with prison labor for eight years with prison labor for obstruction of performance of official duties by fraudulent means, etc. on August 20, 2011, and Defendant C was finally and conclusive on August 20, 2011 by fraudulent means.

Defendant A operates W in Busan Northern area V, and is an agent for the transfer and acquisition of a private taxi transport business. Defendant B, Defendant C, Defendant D, Defendant E, and Defendant F are those who open a private taxi transport business without a certain occupation. Defendants G, Defendant H, Defendant J, Defendant J, Defendant J, Defendant K, Defendant M, Defendant N, Defendant P, Defendant P, Defendant Q, Defendant Q, and Defendant R are those who have transferred a private taxi transport business. A person who has obtained a private taxi transport business license under the Passenger Transport Service Act provides that a private taxi transport business license may not transfer the business unless there is any reason such as the one who is unable to drive directly due to disease requiring treatment for more than one year from the date of obtaining the license. Meanwhile, among those for whom five years have not passed since the date of obtaining the license for private taxi transport business, a large number of persons who intend to transfer a private taxi transport business on the grounds of economic circumstances, etc., among those who have obtained the license for private taxi transport business, and most of the persons who have prepared a health insurance certificate and a medical certificate issued the medical certificate to the same person.

The Defendants, using these points, conducted as if the disabled persons who suffered from diseases requiring long-term medical treatment desire to transfer their licenses, or conspired to obtain authorization for transfer or acquisition of private taxi transport business by submitting a false medical certificate to a medical doctor via a hospital brocon, as if the license holder is a health condition that is unable to drive directly due to diseases requiring long-term medical treatment, and submitting it to the competent administrative agency, along with an application for authorization for transfer or acquisition of private taxi transport business.

1. The obstruction of performance of official duties by Defendant A, Defendant B, Defendant C, Defendant D, Defendant G, Defendant H, Defendant I, Defendant J, Defendant K, Defendant L, Defendant M and the obstruction of performance of official duties by fraudulent means

A. On August 8, 2008, Defendant A, Defendant B, Defendant C, and Defendant D submitted the health insurance card of G at the above W Office, and received the health insurance card from G to the Defendant B, and Defendant B issued the health insurance card of G to the Defendant C, and Defendant C issued the health insurance card of the above G to the Defendant C, and Defendant C issued the medical certificate under the name of G to the Defendant D as if he were G. On August 8, 2008, Defendant D submitted the health insurance card of G at the above W Office, and received the medical treatment from the above hospital AB as if Defendant D was G, and issued it to Defendant B through the above doctor’s health insurance card, and issued it to Defendant A’s doctor for treatment or operation for a serious period of more than 5 years, Defendant C et al., and Defendant D continued to receive the medical treatment of the above AB’s health insurance card under the name of G.

Defendant A submitted a medical certificate with the above false content to an employee in charge of the traffic administration department and office of the Gangseo-gu Busan Metropolitan Government Office located in 242 at around that time, and submitted an application for authorization for transfer and takeover of private taxi transport business of G to the effect that he/she cannot directly drive the private taxi transport business of G on the ground that he/she cannot directly drive the private taxi transport business due to disease requiring medical treatment for more than one year, and obtained authorization around August 20, 2008.

As a result, the Defendants in successive collusion and interfere with the issuance of medical treatment and diagnosis certificates by the doctors AB of the above AA Hospital, interfere with the performance of duties by the public officials in charge of the Busan City office of thinking-gu on the approval of transfer or acquisition of private taxi transport business, and from that time until September 16, 209, the Defendants interfere with the issuance of medical treatment and diagnosis certificates by a fraudulent means eight times as described in the attached crime list I, and interfere with the issuance of them by the public officials in charge of the transfer or acquisition of private taxi transport business.

They interfere with their performance of duties.

B. Defendant G

As stated in paragraph 1(a), the Defendant conspired with AB, B, C, and D in sequence, and interfered with the issue of a doctor's medical examination and diagnosis by fraudulent means, and interfered with the performance of duties by the public official in charge of the Busan City Office of History and Gu on the authorization of transfer and acquisition of private taxi transportation business. Defendant H

The Defendant conspired with A, B, C, and D in sequence 2 as shown in the attached Table I No. 2 of the List of Crimes in Section 1, and interfered with AD's medical treatment and issuance of a medical certificate through fraudulent means, and interfered with the performance of duties by public officials in charge of the Busan Jin-gu Office on the transfer or acquisition of private taxi transportation business.

D. Defendant I

The Defendant conspired with A, B, C, and D in sequence as shown in the attached Table I No. 3 of the List of Crimes in Section 1(a) and interfered with the issue of a medical certificate and diagnosis by fraudulent means, and interfered with the performance of duties by public officials in charge of the Busan Jin-gu Office on the transfer or acquisition of private taxi transport business.

E. Defendant J

The Defendant conspired with A, B, C, and D in sequence as shown in the attached Table I Nos. 5 of the List of Crimes in Section 1(a) and interfered with the diagnosis and treatment of AF through fraudulent means, and interfered with the execution of duties by public officials in charge of the Busan City Office of Science and Technology concerning the transfer or acquisition of private taxi transport business.

F. Defendant K

The Defendant, as described in the I Order No. 6 of the List of Crimes in Annex I in Annex I in Annex I, B, C, and D, conspired with each other and interfered with the AG's medical treatment and issuance of diagnosis certificates by deceptive means, and interfered with the performance of duties by public officials in charge of the Busan Jin-gu Office on the transfer or acquisition of private taxi transportation business.

G. Defendant L

The Defendant conspired with A, B, C, and D in sequence as shown in the attached Table I No. 7 No. 7 of the List of Crimes, and interfered with the issue of a doctor's medical examination and diagnosis by fraudulent means, and interfered with the performance of duties by public officials in charge of the Busan Metropolitan Government Office on the approval of transfer or acquisition of private taxi transport business.

H. Defendant M.

The Defendant conspired with A, B, C, and D in sequence 8 of the annexed crime List I Nos. 8 of the attached crime list of paragraph (1) of this Article, and interfered with the treatment and issuance of a medical certificate by intention through fraudulent means, and interfered with the performance of duties by public officials in charge of the Busan Northern District Office on the transfer and acquisition of private taxi transport business.

2. Interference with the performance of official duties of Defendant A, Defendant B, Defendant C, Defendant E, Defendant N, Defendant0, Defendant P, and obstruction of the performance of official duties by fraudulent means

A. On October 209, Defendant A, Defendant B, Defendant C, and Defendant E submitted NM Hospital’s health insurance card at the above W Office to the effect that: (a) in order to transfer the NM taxi transport business (vehicle number: AJ number); (b) obtained N’s health insurance card from N to Defendant B; and (c) Defendant B issued the above G’s health insurance card to Defendant C; and (d) Defendant C provided the above health insurance card to Defendant E with N’s health care; and (c) in order, Defendant E issued a medical certificate under N’s name and issued it to Defendant E with N’s health care as if he were N. ; (d) Defendant E submitted the health insurance card at AM Hospital located in Seoul Special Metropolitan City, Nowon-gu; and (e) obtained the above doctor’s health insurance card from 10, 2009; and (e) obtained the above doctor’s health insurance card from 17,000,000 from the above doctor to the left-hand after the diagnosis and delivery of 17, etc.

As a result, the Defendants conspired in sequentially, interfere with the issuance of medical treatment and diagnosis certificates by the above AM Hospital physicianN, interfered with the performance of duties by the public officials in charge of the Busan Sim-gu Office on the approval of transfer or acquisition of private taxi transport business, and from that time until April 6, 2010, interfered with the medical treatment and diagnosis certificates issued by the doctors in charge through a deceptive scheme three times as described in the attached list of crimes in the attached Form by April 6, 2010, and interfered with the issuance of medical treatment and diagnosis certificates by a fraudulent scheme,

They interfere with their performance of duties.

B. Defendant N

As stated in paragraph 2(a), the Defendant conspired with A, B, C, and E in sequence, and interfered with the examination and treatment and issuance of a medical certificate by fraudulent means, and interfered with the performance of duties by the public officials in charge of the Busan Franchi Office on the transfer or acquisition of private taxi transport business. The Defendant is the Defendant’s interference with the performance of duties by the public officials in charge of the Busan Franchi Office.

The Defendant conspired with A, B, C, and E in sequence 2 of the attached Table II of the Crimes List II, and interfered with the AP's treatment and issuance of a medical certificate by fraudulent means, and interfered with the performance of duties by public officials in charge of the Busan Northern District Office on the transfer or acquisition of private taxi transport business.

D. Defendant P

The Defendant conspired with A, B, C, and E in sequence 3 of the attached Table II of the Crimes List II, and interfered with the treatment and issuance of a medical certificate by fraudulent means, and interfered with the performance of duties of public officials in charge of the Gangseo-gu Busan Metropolitan Government Office on the transfer or acquisition of private taxi transport business.

3. On November 2008, Defendant A requested that Defendant B introduce Defendant Q to Defendant A’s private taxi transport business (vehicle number, AR number: AS) license of Defendant Q in the foregoing W office, and Defendant B issued a written diagnosis to the effect that Defendant AU (the suspension of indictment on July 28, 2015) through AT (the suspension of indictment on July 28, 2015) needs to be conducted for more than one year in order to transfer the license of Defendant Q’s private taxi transport business (vehicle number, AR number: AS number) at the above W office. Defendant B requested Defendant B to issue a written diagnosis to Defendant AW Hospital AX (the suspension of indictment on July 28, 2015) in Gyeyang-gu Incheon Metropolitan City (the suspension of indictment on July 28, 2015).

On November 24, 2008, Defendant B visited the above AW Hospital along with Defendant Q, and transferred Defendant Q in order to AT and AU, and Defendant Q request AU and Defendant Q to issue a false medical certificate while deeming it necessary for the transfer of private taxi transport business to AX.

이에 AX은 사실 피고인 Q이 1년 이상 치료를 하여야 하는 질병으로 인하여 직접 운전할 수 없는 상태가 아님을 알고 있었음에도 『요추간판 탈출증, 요추 제5- 천추간, 우측 등으로 약물치료 등의 보존적 치료를 하고 있으며 내원일 이후 약 1년 이상의 치료 및 안정가료를 요하며 직업적 장기간 운전 등의 업무는 어려울 것으로 판단됩』 이라는 내용의 허위 진단서를 작성하여 피고인 Q에게 교부하였고, 피고인 Q은 그 무렵 AU, AT, 피고인 B을 통하여 위와 같이 발급받은 허위 진단서를 피고인 A에게 교부하였다. 피고인 A는 2008. 11. 25.경 부산 북구 강변 2길 6에 있는 부산 북구청 교통행정과 사무실에서, 피고인 Q에 대한 위 진단서가 허위로 작성되었다는 사실을 알지 못하는 성명 불상의 담당 공무원에게 피고인 Q으로부터 교부받은 위와 같은 허위 내용의 진단서를 첨부하여 'Q이 1년 이상의 치료를 요하는 질병으로 인하여 본인이 직접 운전할 수 없다는 이유로 Q의 개인택시 운송사업을 AY에게 양도할 수 있도록 인가하여 달라'는 취지의 개인택시운송사업 양도·양수 인가신청서를 제출하고, 2008. 12. 8.경 인가를 받았다.

As a result, the Defendants conspired with AX, AT, AU in order, and thereby interfered with the performance of duties by public officials in charge of the Busan Northern District Office on the transfer or acquisition of private taxi transportation business through fraudulent means.

4. On December 12, 2012, Defendant F, who interfered with Defendant F and R’s performance of official duties, submitted a health insurance certificate to Defendant R’s private taxi transport business (vehicle number: Z: BA) to Defendant R’s personal taxi transport business, and delivered Defendant F’s health insurance certificate to Defendant F, and Defendant F issued a medical certificate in the name of Defendant R’s name “BB” to Defendant R’s employees under the name of “BB.” On the same order, Defendant F submitted a medical certificate to Defendant R’s personal taxi transport business at BD hospital located in the Dong-gu, Busan, Busan, and submitted the medical certificate to Defendant R’s private taxi transport business, and issued the medical certificate to Defendant F’s public health care to Defendant F’s employees for lack of health care for the reasons that it was necessary to obtain from the above medical doctor BE and issued the medical certificate to Defendant R’s public health care for at least 10 years from Busan, Busan, and the medical certificate to be issued to Defendant R’s public health care for lack of disease.

As a result, the Defendants conspired with non-name BB, and thereby interfered with the examination and treatment and issuance of diagnosis certificates by fraudulent means, and interfered with the performance of duties by public officials in charge of the Busan Dong-gu Office on the approval of transfer or acquisition of private taxi transport business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol of examination of the suspect against Defendant A, F, and B by the prosecution;

1. Each police interrogation protocol against the Defendants

1. Police suspect interrogation protocol of AT, AU, X;

1. Each police protocol of statement concerning BG, BH and BI;

1. Records before the Supreme Court ruling Nos. 6 through 19, 87 through 93, 107 through 112, and 116 through 119: Each of the criminal records, No. 46 through 49, 52, 53, and 54;

Application of Statutes

1. Article applicable to criminal facts;

Defendant A, B, C, D, E, F, G, H, J, K, L, M, N,O, P, and R: Articles 137, 314(1), 313, and 30 of the Criminal Act

Defendant Q: Articles 137 and 30 of the Criminal Act

1. Selection of punishment;

Defendant A, B, and F: Imprisonment option

Defendant C, D, E, G, H, I, J, K, L, M, M, N, P, Q, and R: Selection of fine

Defendant B, C, D, and E: the latter part of Article 37 of the Criminal Act and Article 39(1) of the Criminal Act

1. Aggravation for concurrent crimes;

Defendant A, B, C, D, E, F, G, H, J, K, L, M, N,O, P, and R: Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Detention in a workhouse;

Defendant C, D, E, G, H, I, J, K, L, M,O, P, Q, and R: Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014)

1. Suspension of execution;

Defendant A, B, and F: Article 62(1) of the Criminal Act ( Taking into account the reflection of the Defendants, the degree of their involvement, and equity in the case where Defendant B was tried at the same time)

1. Social service order;

Defendant A: Article 62-2 of the Criminal Act

1. Additional collection:

Defendant A, B, C, D, E, and F: Article 48(1)2 and (2) of the Criminal Act

Judge Lee Young-American