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(영문) 대구지방법원 포항지원 2014.07.23 2014고단314
위계공무집행방해등
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the head of the cooperative of CF in Young-gun, Chungcheongnam-gun, and the owner E (21 ton) of the political network management line for shipping D in Young-gun, Young-gun.

In order to have a small ship operator's license renewed, he/she shall have at least one year's work suitable for the license or at least two years' work experience on board a ship which is not a ship's personnel within five years before the date of application for renewal.

1. On June 28, 2013, the Defendant obstruction of the performance of official duties by fraudulent means: (a) a certificate of work experience for the Defendant to the F, a workplace partner, to the effect that the Defendant, on the part of F, on the part of F, a public service center of the Posi Regional Maritime Affairs and Port Office located in North Korea-gu, North Korea-si, the Defendant boarded, on the part of F, on the part of F, on the part of F, on board I, on the part of the Defendant, on the deck E of the Young-gun-gun Coast political network management vessel E from September 28, 2009 to June 28, 2013; (b) a certificate

However, from September 28, 2009 to June 28, 2013, the Defendant did not board as a seafarer of the above E (21 ton) for at least two years.

Accordingly, the defendant entered his work experience falsely and interfered with H duties of public officials belonging to the Posi Port Regional Maritime Affairs and Port Authority by deceptive means with renewal of the license of small-sized ship operator.

2. Notwithstanding that anyone who violates the Ship Personnel Act is not granted a marine officer license by fraud or other improper means, the defendant has obtained a license by submitting a false certificate of work experience on board at the time and place stated in the above paragraph (a).

Summary of Evidence

1. Defendants’ legal statement

1. A copy of an application for renewal of a marine officer license and a certificate of work experience;

1. The application of Acts and subordinate statutes to the National Maritime Police Agency's comprehensive information system for ship entry and departure ports;

1. Article 137 of the Criminal Code (the point of obstruction of performance of official duties by fraudulent means), Article 27 subparagraph 1 of the Ship Personnel Act and Article 4 of the Ship Personnel Act (the point of an unlawful renewal of license), the choice of fines as to the relevant criminal facts.

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