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(영문) 대전지방법원 천안지원 2013.09.06 2013고정746
위계공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Basic facts B, C, D, E, and F are “Ber” called “broman” to arrange the issuance of a false diagnosis certificate necessary for the transfer of a private taxi transport business license (hereinafter “private taxi license”).

G, H, I, J, K, L, M, M,O, P, Q, and R are the persons who have transferred the said license before five years have not passed since they acquired their own taxi transport business license.

On the other hand, the Passenger Transport Service Act provides that a person who has obtained a private taxi transport business license shall not transfer the license unless 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.

G, Bracker B, etc. using this to obtain authorization for the transfer or acquisition of a private taxi license by issuing a false medical certificate as if the person who acquired the private taxi license was unable to drive the taxi directly due to disease requiring treatment for at least one year, on the ground of the defendant, S, T, etc. who is the substitute patient, and submitting it to the competent administrative agency along with a written application for authorization for the transfer or acquisition

2. Around August 2010, H and the Defendant’s public-private taxi license certificate was requested by H to sell 14 million won by using a false diagnosis certificate, etc., and then, the commission was requested by Bromoer C to create a false diagnosis certificate by informing H of his personal information about H. The above C requested Bromoer B to create a false diagnosis certificate again, and the above B conspiredd with the Defendant to issue a false diagnosis certificate for H by using the Defendant, an agent, at the Incheon Ba-dong Incheon Metropolitan City Incheon Metropolitan City public-private taxi license certificate.

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