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(영문) 대구지방법원 포항지원 2014.07.23 2014고단313
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 representative of C in South-gu, and the owner of D Coastal Sea E (1.09 tons) in the port of port.

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 within five years prior to the date of application for renewal, or at least two years' work experience on board a ship which is not a ship's personnel.

1. On August 13, 2013, the Defendant of obstruction of the performance of official duties by fraudulent means submitted to H public officials in charge of G at the public service center of the Maritime Affairs and Port Office located in the north-gu, North Korea on the port on August 13, 2013, a certificate of work experience on board the ship as the captain of the D coastwise E from November 5, 2007 to August 13, 2013, a certificate of work experience on board the ship, a medical examination certificate, and a marine officer’s license renewal certificate, and received renewal of the license for the small-type operator on the

However, from November 5, 2007 to August 13, 2013, the Defendant did not board the ship as captain of the above E (1.09 tons) for at least one year.

Accordingly, the defendant entered his work experience falsely and interfered with the G duties of public officials of the Port Port and Port Authority by fraudulent 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. Defendant's legal statement;

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

1. Application of the Acts and subordinate statutes to the comprehensive information system for ship entry and departure ports (A work experience inquiry);

1. Relevant Article 137 of the Criminal Act, the choice of punishment for an offense, Article 137 of the Criminal Act (the point of obstruction of performance of official duties by fraudulent means), Article 27 subparagraph 1 of the Ship Personnel Act, Article 4 of the Ship Personnel Act, and the selection of fines

1. Of concurrent crimes, the punishment of the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is more severe deceptive schemes.

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