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(영문) 수원지방법원 2016.02.04 2015고단6123
위계공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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, China, entered Korea on April 13, 2015 on a short-term visit (C-3) and changed the status of stay after obtaining a national technical qualification certificate issued by the Korea Technology Qualification Examination Institute entrusted by the Human Resources Development Service of Korea. On April 13, 2015, the Defendant would pass the F-4 qualification examination and obtain the status of stay.

As a result, the Defendant conspired to take the above examination in lieu of the issue, and to add the answer in lieu of the issue, while making contact to the Berer B and paying three million won at the time of passing the examination.

1. On April 28, 2015, according to the above public offering, the Defendant, at around 12:00 on April 28, 2015, offered a portable phone, e-mail, antenna, earphones, etc., to which he/she can photograph and transmit the computer screen of the above B and B at a restaurant parking lot near the permanent test site located in the office of the Korea Technology Qualification Certification Agency located in Suwon-si, Suwon-si, 46-86 on April 28, 2015, and explained the use thereof.

After that, from 14:00 to 15:00 on the same day, the Defendant applied for the written examination from 86 full-time technicians and data processing technicians in 2015, and sent the examination issue to B using the aforementioned criminal implements, and the Defendant informed the Defendant of his response, and the Defendant submitted the examination issue at the rate after the response.

As such, in collusion with the above B, the Defendant interfered with the legitimate performance of official duties concerning the administration of the qualification certificate of the public official under the jurisdiction of the Human Resources Development Service of Korea by fraudulent means.

2. On May 23, 2015, after interfering with the performance of official duties by fraudulent means, the Defendant was provided with the earphone B at the 350-ro Women Information High School located in Suwon-si, Suwon-si on May 23, 2015, from around 09:0 to around 11:00 of the same day.

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