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(영문) 창원지방법원 진주지원 2017.07.20 2017고정201
위계공무집행방해등
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

Although the Defendant did not complete the prescribed theoretical and operational training necessary to obtain a license for a small-sized construction machinery operator for less than three tons from the Jinju-si, from November 3, 2015 to November 9, 2015, the Defendant issued a certificate of completion of small-sized construction machinery operation training, which was falsely stated at the above private teaching institute on November 9, 2015, and received a certificate of completion of small-sized construction machinery operation training at the Jinju-dong Office located at Jinju-dong, Jinju-si, Seoul, by submitting it to the public official in charge of obtaining the certificate of completion of the small-sized construction machinery operation training issued by such unlawful means as above at the office of the Jinju-dong Office.

Accordingly, the Defendant, through fraudulent means, has interfered with the legitimate execution of duties by a public official in charge of issuing construction machinery, and received the license by illegal means.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the written instruction of investigation interfering with the performance of official duties in a deceptive scheme, the list of persons under investigation, and the case transfer;

1. Application of Acts and subordinate statutes to a place where the operation of small construction machinery is conducted, a certificate of completion of small construction machinery operation education, and a mobile phone sender using a suspect's cell phone;

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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