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(영문) 창원지방법원 진주지원 2017.04.27 2017고정74
위계공무집행방해등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a D employee of the automobile parts manufacturing company in Jinju City.

On November 13, 2015, the Defendant paid 300,000 won to G as tuition fees, even though he did not complete all the theoretical and operational training necessary for obtaining a license for a pilot for less than three tons from the case other than the head of a private teaching institute in the “F Private Teaching Institutes” located in J, J, around 13:30 on November 13, 2015, and received a certificate of completion of the education from G as if the Defendant completed all the training at the private teaching institute.

On the same day, the Defendant continued to obtain a pilot license for small-sized construction machinery(s) by submitting a certificate of receipt to the public official who is aware of the fact that the education received illegally at the office of the office of the office of the office of the office of the registration of the vehicle for viewing in the early-dong, Jinju-si.

Accordingly, the defendant has obstructed the performance of duties by the public official in charge of issuing a license for a small construction machinery operator by fraudulent means, and received a construction machinery pilot license by illegal means.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police in G;

1. An application for issuance of a license certificate for construction machinery pilot, education certificate, form of license, etc. by each investigation report (the procedures for obtaining a license for a small-sized construction machinery operator, the paragraphs of a photographic event related to the issuance of a certificate by the head of the F Institute G education, the education of a public official in charge of license)

1. Copy of the letter of transfer of the case;

1. One copy of a paper for education A and one copy of a certificate of education;

1. One copy of a statement of cell phone calls;

1. A small and medium construction machinery pilot license data;

1. A's license of construction machinery pilot (forking less than three tons)

1. Application of Acts and subordinate statutes to one copy of a pocket book prepared by G by the head of a private teaching institute;

1. Article 137 of the Criminal Act, Articles 41-2 and 26 of the Construction Machinery Management Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Criminal Procedure Act of the Provisional Payment Order.

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