Cases
2012 Highest 3615 (a) Business obstruction
B. Performance of official duties by fraudulent means
Defendant
1. (a) . (b) Red 00 (Separate Hong 00), (000 - 000000 - Students); and
Residential Suwon City
[Reference domicile-si]
2. (a) . b. 00 (0000 - 00000) - Students
Residential leisure time
Standard place of registration
3. (a) . (b) fixed-term English teachers (00 million won - 0000000) and fixed-term English teachers.
Seoul Residence
Seoul basic domicile
Prosecutor
In its original form (prosecutions) and full-time (trials)
Defense Counsel
Law Firm Jeong-jin, Attorney Jeong Jin-ho (Apon for Defendant Hong 00)
Attorney Jin-Jinap (Apon for Defendant 100)
Attorney Jeong-nam (Korean National Assembly Line for Defendant 100)
Imposition of Judgment
August 28, 2012
Text
Defendant Red0 shall be punished by imprisonment for a year and April, by imprisonment for a year and February, by imprisonment for a year and February, and by imprisonment for a period of ten months, respectively.
Reasons
Criminal facts
【Work Experience of Defendant etc.】
Defendant Hong 00 (Separate Hong 00) from around 2002 to February 2012, 200 in Chinese 00: (a) from around 00 to around 00:00, 000 Chinese ; (b) from around 2005 to February 2012, from around 000 to around 000 in Chinese 00: (c) from around 00: (a) from around 000 to February 201, the private school of 000 ; (b) from around 000 - Seoul 00 - 000 - 000 - 000 - 000 - Seoul 00 00 - 000 00 - Seoul 00 - 000 - 000 - 000 - 2 from 2000 - 00 - 2,000 - 2.
11. On July 2, 2012, from around 2012 to around 100, as a general manager of the 000 Dodododododododododododododododododododododododododododododododododododo, parents and students of the Dodododododododo
Defendant 00: (a) from around 2003 to December 2009, from around 2003 to around 2009 to around 200, Defendant 2 was a private 0000 school from around 2005 to around December 2009; (b) was a student’s school leader or an instructor at a private 000dominion; and (c) around 2009, Defendant 2 was a private 000 school principal.
From April 2005 to July 201, 201, Defendant 100 worked as a Chinese Private Teaching Institutes, a private 0000 school, a natural resource or a private teaching institute instructor at a 00 U.S., a private 000 rushion. From around 2010 to the private 0000 school curriculum, students were in charge of students’ school register.
From 1999 to 199, the former 00 driving school was employed as the president of the Chinese 00 driving school, from 2005 to 2000, and the former 00 driving school was in charge of personnel affairs, financial affairs, etc. of the above 00 driving school and the above 00 driving school, and was in charge of the business as the representative director of the 000 driving school.
This** From 2000 to 00 of China, from 2000 to 00, from 2005 to 000 schools of private 000, from 000 to 000 to china, Nim or china as instructors of Pchina, and was named as president or vice president of 00 of china in China.
Red** From around 2001 to 000 in China, from around 2001 to around 000 in China, from around 2005 to around 000 schools, from 000 to Dominion, Non or a private teaching institute instructor was called as a vice president of the Chinese 00 driving school. Defendant Red 00 is Hong ** South East East son.
[Criminal Facts]
Defendants are 00, * this*, Hong*** Hen * Hen * because they did not attend a one-year course of a middle school or one-year course of a high school, and did not have a Chinese language and did so to the school, but did not apply for an examination during the school, but did not have a certificate of graduation or a grade, and completed only two-year course of a high school, and completed two-year course at a high school, and completed a false graduation certificate or grade certificate at a high school, and completed two-year course at a university located in the Republic of Korea to normally, such as students who wish to enter the university located in the Republic of Korea with a false grade certificate, and completed a special course at a higher level than those of the first and second school. ② During the middle school, the Defendants were unable to obtain a false grade certificate or grade certificate at a high school level than those of the subjects who want to undergo an examination at the university located in the Republic of Korea and made it possible to obtain a false grade certificate or grade certificate at a high school level than those of the first and second school.
This Mere Me did not complete the three-year course from September 2005 to June 2007 after attending the middle school from Cheongyang Experiment Middle School only for the first and second years. Since from September 2007 to June 2009, private 1000 schools entered the first and second years as high school course and did not complete the third-year course at high school, it cannot be issued a certificate of graduation from middle school course and a certificate of graduation from high school course cannot be issued. Thus, in the qualification of children of foreign employees, the domestic university could not apply for the special case of admission screening.
The preceding 00 was from around 1999, this** from around 2000, red* from around 2001 to around 2002, Defendant Red0 had been taking the course of preparation for students from around 2003 to around 000, Defendant Jeong Jong-soo had been attending the course of preparation for students from around 2005 to around 000, and Defendants had completed the course of preparation for school attendance from around 000 to June 30, 200, after having been aware of the fact that they had not completed the course of preparation for school attendance from around 000 to 00, and the Defendants had completed the course of preparation for school attendance from around 00 to June 30, 200.
From April 2009 to June 19, 2009, the Defendants were urged to take a special screening at the Chinese university of 00 in 199:0, the first half of the middle school course, the first half of the high school course, and the first half of the middle school course, the first half of the high school course, and the first half of the first half of the year from June 2004 to June 19, 2009, and the second half of the year from April 2009 to the first half of the year from June 2009 to the second half of the year from June 2000, the Defendants were urged to apply for the special screening as the children of the overseas commercial employees' children to the Korean university located in the Republic of Korea of MaMa Ma Ha.
Defendants are in collusion with the former 00, this*, Hong*, this + this + in succession with the latter + on April 2009 to June 6, 2009, using computer and flickter in the office of 000 private teaching institutes in China from April 200 to June 2009.
From September 14, 2009 to June 19, 2009, at private 000, completed the middle school course and high school course, and completed 12 subjects such as politics, etc. . . . . . . . . . . .. ’ He/she shall prepare a middle school course graduation certificate, a high school course graduation certificate, a middle school and a high school course academic certificate, and a middle school and a high school course academic record certificate, and around September 14, 2009, he/she shall have this MaMaMaMaMaMa to apply for special screening at the office of 000 Soura Co., Ltd., Ltd. in the capacity of a child of his/her out-of-the-counter working staff, which contain false details, submit a middle school course graduation certificate, a course graduation certificate, a middle school and a high school course record certificate, and shall finish this * MaMaMaMaMaMaMaMaMa
19. Until December 19, 2000, by deceiving the staff in charge of the admission of the sublime University from the sublime University Industrial Information System engineering and entrance qualifications as if all of the middle school and high school courses were taught at the private 0000. On December 2, 2009, the president of the sublime University had the president of the sublime University enter the sublime University as new students of the year 2010, thereby hindering the president of the sublime University by deceptive means from allowing the president of the sublime University to enter the special screening for Korean nationals residing abroad.
In addition, the Defendants conspired with the former 00, this*, red*, private 000 school or parents of Chinese 00 c.m. in sequence (Defendant 00 from August 6, 2009 to October 6, 2010).
8. From June 4, 200 to October 16, 2009, as indicated in [Attachment 4] List 4 and List 5: Defendant 00, as shown in [Attachment 4] Defendant 1, 3, 4, 6, and 5, up to 10 times in total (up to 7 times in total; Defendant 100 up to 8 times in total) students’ qualifications or qualifications for children of their overseas employees; Defendant 2, 3, 4, 5, 5, 5, 5, 1, 5, 5, 5, 5, 5, 5, 5, 5, 5, 1, 4, 5, 5, 5, 5, 5, 5, 1, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 1, 5, 5, 5, 1, 2, 1, 3, and 3.
Summary of Evidence
1. Defendants’ legal statement
1. Protocol concerning the interrogation of the Defendants by the prosecution
1. A copy of the 11, 12th examination protocol of the prosecution, a copy of the 30th examination protocol of the suspect examination of the prosecution against the preceding0, a copy of the 30th examination protocol of the prosecution against the preceding0, a Kim00 of the 30th examination protocol of the suspect examination of the prosecution against the preceding0, and a copy of the 31th examination protocol of the prosecution against the preceding00, a copy of the 31st examination protocol of the suspect examination of the prosecution against the preceding0, a copy of the 00-year examination protocol of the prosecution;
1. A copy of each prosecutor's statement about Defendant 00 and Defendant 100, each prosecutor's office's statement about this Me and Me and Me and Me and Me and Me;
1. A written statement of the defendant 00
1. Records of seizure by prosecution;
1. Each investigation report (Evidence No. 10, 14, 27, 43, 54, 63, 71, 85, 88, 100, 105, 113, 126, 128, 137, 139);
1. The current status of each individual's entry and departure, current status of payment of each salary, post notices on the Internet page of the Korean consul General of the Republic of Korea, graduation certificates, and copies of records (Evidence List 82, 84, 93, 95, 120), copies of gambling documents, etc. (Evidence List 121), copies of the NIS Organization List, copies of scientific evidence (Evidence List 138), private 000 school permits, files outputs (Evidence No. 148 to 151 of the Evidence List);
1. All of the applications and accompanying documents (Evidence No. 15-19), 00, 00, such as evidence (Evidence No. 242, 243, 245), and applications for admission to Kim 00 (Evidence No. 28-33 of the Evidence List), (Evidence No. 34-39 of the Evidence List), such as these applications for admission to this ? ? ? Mere (Evidence No. 44-48 of the Evidence List No. 55-59 of the Evidence List), (Evidence No. 64-67 of the Evidence List), such as those for admission to this 00 (Evidence No. 72-76 of the Evidence List), those for admission to this 00 (Evidence No. 105-101 of the Evidence List), and those for admission from 100 to 108-100 of the Evidence List, including (Evidence No. 101-106 of the Evidence List), and those for admission from this 00.
Application of Statutes
1. Article applicable to criminal facts;
Articles 314(1), 313, and 30 (Interference with Duties and Selection of Imprisonment) of the Criminal Act, Articles 137 and 30 (Involving Obstruction of Performance of Duties by Fraudulent Means and Selection of Imprisonment) of the Criminal Act
1. Aggravation for concurrent crimes;
Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code
○ The sentencing guidelines for the crime of obstruction of the performance of official duties by fraudulent means; the sentencing range of recommendations and the defendant Red 00: August to September 2: the defendant 00: August to March 2: the defendant 1: August to March 2: the defendant 1: August to June 1: 1 year and six months.
The Defendants’ crime does not only harm the fairness of the entrance examination system on the surface, but also harm the victims of good faith who were reasonably able to enter universities and colleges. The Defendants, as the head of the planning office, are in contact with the fundamental risk that might collapse the social discipline by promoting the following: (a) the objective fluenism and fluenism that disregards the overall law of our society; (b) fluenism that disregards the community; and (c) fluenism that do not think of the community; and (b) the Defendant Red 00, as the head of the planning office, directly consulted with B ; (c) the Defendant’s parents, as the head of the counseling office, directly consulted with B ; and (d) the term “school (school duration and sexual manipulation) so far as 00 entrance was so recommended. Furthermore, the Defendants conspired and graduated from the school with other accomplices by organizing the academic records in a systematic manner; and (d) the Defendants did not seem to have been aware of the material and material facts of the instant punishment, including the record and other evidence.
It is so decided as per Disposition for the above reasons.
Judges
Judges Lee Sung-sung