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(영문) 대전지방법원 천안지원 2013.04.04 2013고정48
위계공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. The Defendant and C, D, and E are “Brok” referred to as “broker” to arrange the sale and purchase of personal taxi licenses; F, G, H, I, J, and K are the persons who have transferred the said license before five years have not passed since they acquired the individual taxi license; L is a person who has worked as an office in Yeongdeungpo-gu Seoul Metropolitan City M Hospital.

On the other hand, the Passenger Transport Service Act provides that a person who has obtained a private taxi transport business license (hereinafter “private taxi transport business license”) shall not transfer the license unless he/she has any reason, such as where 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 Defendant and the above C et al., using this, issued a false diagnosis as if they were unable to drive directly due to disease requiring treatment for at least one year, and submitted it to the competent administrative agency along with a written application for authorization for transfer of a private taxi license.

2. Criminal facts;

A. At around July 2012, C received a request from J to sell a N individual taxi license by using a false medical certificate, etc., and requested Broman D to create a false medical certificate while introducing J. D again by introducing D to the Defendant and E. The Defendant and E requested L, the office manager of the hospital, to issue a false medical certificate to J. The Defendant and E requested L to issue a false medical certificate. The Defendant paid KRW 350-5 million in return for issuing a false medical certificate to L, and L requested L to do so to the O hospital.

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