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(영문) 대전지방법원 2020.06.11 2020고정411
업무방해
Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

2. Where the defendant does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

B as a consultant of C, the defendant is D and friendly with D, and the defendant is a member of the sports association at present after he/she applied for and passed a test in the technical field (driving) of E Olympic Committee publicly announced on February 21, 2017 as a member of D and is now a member of the sports association.

The technical field of the defendant's application for the above technical field (driving) must meet the criteria of "the first-class driver's license holder who has served for not less than three years", and shall submit one copy of the career certificate (the official and the need of the person in charge of the issuer), the record of subscription to employment insurance, or one copy of the confirmation of eligibility for health insurance, and only the first document screening successful applicants are determined after the second interview.

However, D and the Defendant: (a) in order to apply for the above recruitment notice, the Defendant is required to be “a person holding a Class 1 driver’s license for more than three years.” However, there is a concern that if the Defendant submitted the records of her short-term working in several companies, it may be adversely assessed in the course of document screening; (b) in fact, D and the Defendant conspired to request friendly B to issue a certificate of career that D had worked for more than three years in C even though the Defendant did not have worked in C.

Accordingly, D accepted B by explaining the aforementioned circumstances by telephone from February 21, 2017 to February 22, 2017, and requesting B to the effect that “A defendant, who is an son in C, has worked for not less than three years in order to apply for the technical post (operation) of E Amateur, was issued with a career certificate to the effect that D had worked for not less than three years.”

Then, B, around February 23, 2017, notified F of the Defendant’s personal information to F, who is an employee in charge of official duties of the said company, and instructed F to “the affiliated management department shall be the management department, the position and the field of duties shall be in charge (driving position), the period of service shall be from June 1, 2013 to December 31, 2016, and the submission office shall issue one copy of the retirement certificate listed in the E Sport and transmit it to G (D e-mail).”

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