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(영문) 대전지방법원 천안지원 2017.07.20 2017고정327
위계공무집행방해등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Judgment falling under the latter part of Article 37 of the Criminal Code] On April 1, 2015, the Defendant was sentenced to two years of imprisonment with prison labor by the Incheon District Court for obstruction of the performance of official duties in a deceptive scheme, and the judgment became final and conclusive on July 17, 2015.

In addition, on July 22, 2015, the defendant was sentenced to four months of imprisonment by the Incheon District Court due to the obstruction of the execution of official duties by fraudulent means, and the judgment became final and conclusive on October 1, 2015.

[ criminal facts] The Defendant is broker by issuing a medical certificate for sale of private taxi. B is an individual taxi transport business license illegal referral liability in B, C, and D is an individual taxi driver as an individual taxi driver, who is a client of a license for private taxi transport business, and E is the N Hospital's major surgery in Bupyeong-gu Incheon Metropolitan City.

Passenger Transport Service Act provides that a person who has obtained a license for private taxi transport business shall not transfer the license unless he/she is unable to drive the license directly due to disease requiring treatment for at least one year within five years from the date of acquisition.

In this regard, if a medical certificate prepared by a doctor is submitted while applying for authorization of transfer of a license for a private taxi transport business, the administrative agency must rely on the doctor's diagnosis or opinion.

Using the above facts, Defendant B, C, D, and E issued a false medical certificate as if they were unable to drive directly due to diseases requiring medical treatment for more than one year, and submitted it to the competent administrative agency in order to obtain authorization for transfer of a license for a private taxi transport business in order by submitting it to the competent administrative agency along with an application for authorization for transfer of a license for a private taxi transport business.

1. Joint crimes with departments B, E, and C;

(a) Preparation B of a false medical certificate shall be 15 million won in return for good offices upon receipt of a request from C to issue a false medical certificate capable of transferring a personal taxi transport business license from C on March 2013.

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