(영문) 서울중앙지방법원 2012.12.27 2012고단3499

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(영문) 서울중앙지방법원 2012.12.27 2012고단3499

위계공무집행방해

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Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is also the mother of F who applied for and passed a special screening at the E University in 2012 (hereinafter referred to as “E”).

The defendant, upon the request of the president of Cheongdo G Research Institute from September 1, 2006 to June 30, 2008, was found to have completed the first and second-year course of I middle school, did not have completed the third-year course of middle school, and did not have attended the middle school during the third-year course from September 1, 2005 to June 30, 2008. Although the defendant did not have acquired the results at the middle school during the above period, the above F was issued with a false certificate of graduation and a false certificate of grade as if he graduated from the middle school and acquired the results.

Since then, around June 19, 2011, the Defendant obtained a false certificate of graduation and a false certificate issued by the KOE General of the Republic of Korea, which is located in the Chinese administrative city, from the Republic of Korea, and submitted it to the EOE employee who is aware of the circumstances at that time, thereby allowing the Defendant to pass the E system design engineering division (department) on November 11, 201.

Accordingly, the Defendant interfered with the performance of duties concerning the recruitment of overseas Korean national special screening students of the president by fraudulent means as above.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A copy of the protocol concerning the examination of suspect to the public prosecutor in K;

1. Statement by the prosecution concerning F and L;

1. Application for admission, certificate of graduation, and certificate of school record;

1. Application of Acts and subordinate statutes governing the recruitment of special screening for Korean nationals;

1. Relevant Articles of the Criminal Act concerning the crime. Article 137 (Selection of Punishment of Fines)

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for the provisional payment order are as follows: The defendant was issued with a false certificate of graduation and a false certificate of grade; and

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