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(영문) 대구지방법원 김천지원 2017.06.09 2017고정148
위계공무집행방해등
Text

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

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

Reasons

Punishment of the crime

On December 19, 2015, the Defendant issued a certificate of completion of education for the operation of small-sized construction machinery under the name of C private teaching institutes, stating that he did not complete the theoretical and practical training necessary for obtaining a license for the operation of small-sized construction machinery (less than 3 tons) at the “C private teaching institute” located in Jinju-si, which was located in Jinju-si, and was issued a construction machinery pilot license (the vehicle for less than 3 tons) by submitting a certificate of completion of education stating the aforementioned false details to the public official in charge of the issuance of the construction machinery at the office of Jinju-si, which was located in Jinju-si.

Accordingly, the Defendant interfered with the public official in charge of issuing a construction machinery operator's license by fraudulent means, and obtained a construction machinery operator's license by illegal means.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a copy of an education course for operating small-sized construction machinery, a copy of a certificate of completion of the education course for operating small-sized construction machinery, and the telephone call details of

1. Relevant legal provisions concerning facts constituting an offense, Article 137 of the Criminal Act (the point of obstructing the performance of public duties through fraudulent means), Article 41 subparagraph 2-2, Article 26 of the Construction Machinery Management Act (the point of illegally obtaining a license for construction machinery pilot), and the choice of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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