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(영문) 창원지방법원 진주지원 2017.10.12 2017고정197
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

The Defendant, with the knowledge that only tuition fees are paid from a private teaching institute E in the city of Jinju operated by D, and a “F” private teaching institute may be issued a certificate of completion of small-sized construction machinery operation training that can obtain a small-sized construction machinery license even without completing the education course, and sentenced the Defendant to acquire a pilot’s license for construction machinery (less than three tons) by unlawful means.

On October 26, 2015, the Defendant received the “certificate of completion of small-sized construction machinery operation training” from the head of a private teaching institute D as if the Defendant completed education in the said private teaching institute, and submitted the “certificate of completion of small-sized construction machinery operation training” to a public official in charge at the registered place of business on October 30, 2015, and received a pilot’s license for small-sized construction machinery (a vehicle with less than three tons) from a public official in charge of official who did not know the course at the registered place of business at the Jinju-si.

Accordingly, the defendant has obstructed the performance of duties by the public official in charge of issuing a small construction machinery license by fraudulent means, and at the same time obtained the license by illegal means.

Summary of Evidence

1. Legal statement of the witness D;

1. Official questioning (to issue an order to investigate the case interfering with the execution of official duties by deceptive means);

1. A duplicate of the letter of transfer of the case (16-218, No. 16-218, Jun. 1, 201);

1. An educational course for the operation of small-sized construction machinery, an education certificate, or the location of a mobile phone (A);

1. Judgment on the argument of the criminal defendant against the criminal defendant

1. The Defendant’s assertion was unaware of all the requirements and procedures for issuing a license for a small-sized construction machinery operator, and the F Institute did not know that the F Institute issued a small-sized license by improper means, and did not actively participate in the conclusion-finding, and did not know that the public official in charge was deceiving at the time of submission of a certificate of completion of education, etc.

Therefore, the defendant did not have intention to obtain the driver's license by illegal means or to interfere with the execution of public official's duties by fraudulent means ( intentional denial). The laws and regulations on the construction machinery license are as follows.

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