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(영문) 인천지방법원 2015.08.27 2015고단4613
위계공무집행방해
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

1. On November 25, 2013, the Defendant of the obstruction of performance of official duties by fraudulent means was a Chinese person who entered and stayed as a visiting employment visa (H-2) and obtained a national technical qualification certificate, and the period of stay may be extended by changing the visiting employment visa to an overseas Korean visa (F-4). The Defendant obtained a national technical qualification witness qualification certificate which is delegated by the Human Resources Development Service of Korea and issued by the Korea Technical Qualification Examination Service of Korea.

However, the Defendant, who was in mind of the lack of the ability to interpret and pool the practical examination problem in Korean language, received the examination on behalf of the Defendant, received the answer instead of the question on the date of the examination, and contacted with the bromoer D by being introduced in lieu of the question on the date of the examination, and was willing to take the examination by an agreement to pay one million won when passing the examination in an unlawful manner.

On June 14, 2014, the Defendant issued the antenna line to increase the receipt of the practical skill test in the name of the Defendant, radio earphones, and radio earphone reception rate in front of the Ansan Station located in the Masan-si, Ansan-si.

On June 14, 2014, from around 09:30 to 11:00, the Defendant: (a) at the 2014 regular data processing technician qualification examination site, which took effect at the Bupyeong Industrial High School located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, 194; (b) at the 2014 regular data processing technician qualification examination site, the Defendant worn a radio earphone that was issued from D, attached the antenna line to the Defendant’s mobile phone; and (c) attached it on the shoulder, the Defendant entered the answer in the answer that the non-person was informed of the radio earphone.

Accordingly, the Defendant, in collusion with D, applied for the examination by the above improper means, and obstructed the fair management of the practical examination of the qualification certificate of 18 regular data processing technicians conducted by the Human Resources Development Service of Korea through deceptive means in 2014.

B. On July 12, 2014, the Defendant committed the crime as indicated in paragraph (1).

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