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(영문) 창원지방법원 2016.07.07 2016고단587
위계공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a regular manager of the E Company operated by D, and is a person in charge of affairs related to the establishment of youth training facilities conducted by the former H Day in the early stage of the week in the F Company operated by the said D, along with the team leader G.

In order to implement an urban planning facility project under the National Land Planning and Utilization Act, the Defendant owned land equivalent to at least 2/3 of the area of the land subject to the project, entrusted part of the land owned by the FF corporation under the name of G in order to satisfy the requirements for consent of at least 1/2 of the total number of landowners, and conspired with D and G by allowing G to consent to the implementation of the project.

Accordingly, on May 14, 2013, the Defendant ordered G to transfer ownership in the name of G and made G to prepare a written consent for the implementation of the project, from among the land subject to the project owned by the F Co., Ltd. in the Chang-si, Chang-si, Chang-si, Seoul Special Metropolitan City. On May 14, 2013, the Defendant submitted a written consent under the name of G and a certified copy of the register of the said I land and the said I land to the public official in charge of the Chang-si, Chang-si, Chang-si, Seoul Special Metropolitan City, for the approval of the project implementer and the implementation plan. On July 18, 2013, the Defendant issued the designation of the project implementer and the execution plan to the F Co., Ltd. from Chang-si, Chang-si, Seoul Special Metropolitan City.

Accordingly, in collusion with D and G, the Defendant interfered with legitimate execution of duties concerning creative viewing urban planning, designation of a public official's urban planning facility project implementer, and authorization of implementation plan.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the suspect of the defendant, G, or D by the prosecution;

1. Statement made to K in the police statement;

1. Each investigation report; 1.1.

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