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(영문) 창원지방법원 진주지원 2018.02.22 2017고정442
위계공무집행방해등
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On April 13, 2015, the Defendant was issued a certificate of receipt of education as if the Defendant had completed all of the education at the above private teaching institute D in Jinju-si, which was located in Jinju-si, without completing all of the theoretical and operational training necessary to obtain a license for the pilot for less than three tons. On April 13, 2015, the Defendant was issued a small construction machinery pilot license by submitting the certificate of receipt at the office of the registered office of the vehicle at Jinju-si, which was located in Jinju-si, Jin-si, 1689 as if the above certificate of receipt was actually prepared.

As a result, the Defendant was involved in the execution of duties by the public official in charge of issuing a license through fraudulent means, and at the same time, obtained construction machine pilot

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of protocol concerning the examination of suspect C by the police; and

1. A certificate of education for the operation of small construction machinery and a certificate of education for the operation of small construction machinery;

1. A detailed statement of currency;

1. Provision of data related to a license to operate a small construction machine;

1. Copy of the letter of transfer of the case;

1. Application of Acts and subordinate statutes to the construction machinery pilot license ledger;

1. Relevant criminal facts: Article 137 of the Criminal Act; subparagraph 2-2 of Article 41 and Article 26 of the Construction Machinery Management Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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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