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(영문) 수원지방법원 성남지원 2015.03.12 2015고단206
위계공무집행방해등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment with prison labor for ten months.

Reasons

Punishment of the crime

Defendant

A is a building business entity, Defendant B is a business entity, and F is a person who works as an architect assistant at the G architect office.

Defendants and F prepared a false document as if they were to construct a utility tunnel board on the H of the Hanam-si, the Hannam-si, which is owned by Defendant A, with the fact that they could not obtain a building permit for the use of a personal workplace or factory within the development restriction zone, but can obtain a building permit for the common use facilities for village residents.

After July 11, 2013, F submitted a false business plan, articles of incorporation, general meeting minutes, etc. of 'K Village Association' to 'K Village Association' on the ground of the subordinate city owned by Defendant A when applying for permission to construct one warehouse for the use of the common ditch, which is a type of one neighborhood living facility with the building area of 999m2 on the ground of the subordinate city owned by Defendant A, and around July 26, 2013, F obtained permission to construct the common tunnel for village residents on the said land from the public official in charge of the permission to construct the said warehouse, such as I examined the construction of the common tunnel for village residents.

In doing so, the Defendants conspired with F, interfered with the official’s legitimate examination duties by fraudulent means, and obtained permission to construct the warehouse of this case by fraud or other improper means.

From that time until June 26, 2014, Defendants received the construction permission for the common use facilities by the aforementioned methods as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol on L, M, N, F, andO;

1. Statement to the prosecution of I;

1. Investigation report (materials related to building permission, list of evidence);

1. The data on construction permission (Evidence List 7) in the name of the P Village Association and Qua Village Association apply 1.

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