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(영문) 수원지방법원 성남지원 2015.06.18 2015고단509
위계공무집행방해등
Text

1. The defendant shall be punished by a fine of KRW 10 million;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On June 13, 2014, the Defendant was sentenced to imprisonment with prison labor for 4 months and for 2 years of suspended execution under the Act on Special Measures for Designation and Management of Areas of Restricted Development in the Suwon District Court's Seongbuk branch, and the said judgment became final and conclusive on April 17, 2015.

The defendant, based on the fact that he/she is unable to obtain a building permit for the use of a private workplace or factory within a development restriction zone, but can obtain a building permit for the use of a common facility for village residents, he/she prepared a false document as if he/she constructed a utility tunnel board on the D ground of the Hanam-si, which is owned by the defendant,

Around July 27, 2012, the Defendant submitted a false business plan, articles of incorporation, minutes, etc. of the F Village Association when he/she applied for a construction permit for one warehouse for the purpose of common use of a common use facility for residents of Class 1 neighborhood living facilities with a building area of 60.4 square meters owned by the Defendant, to E, who is a public official in charge of building permission, via an architect, for the construction and office of the Hanam City, and submitted a false construction permit for the said warehouse from the public official in charge of building permission for the said warehouse, including E, etc. on the ground of the Hanam-si, the lower court determined that the F Village Association intended to construct a common use facility for community residents on the said land. On August 27, 2012.

In this way, the Defendant interfered with the official’s legitimate review duties through fraudulent means, and obtained permission to construct the warehouse of this case by fraud or other improper means.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement concerning G;

3. Data on the current status of facilities jointly used by residents in a development restriction zone, documents related to a building permit under the name of the F Village Association, land and building register in the name of F Village Association;

4. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (suspect A judgment);

1. Article 137 of the Criminal Act of this Act and the former.

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