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(영문) 창원지방법원 2016.08.12 2016고단1286
위계공무집행방해등
Text

Defendant

A Imprisonment with prison labor of one year and six months, and each of the defendants B and C shall be punished by imprisonment with prison labor of six months.

However, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2016 Highest 1286] Defendant A is a person who operates “G private teaching institutes” in Jinju-si F, and Defendant B is a person who operates a place of business in HMasan-si and Defendant C is a person who operates a sales business forkin-si.

1. Interference with the performance of public duties by deceptive means;

A. Defendant A and B conspired to issue a certificate of completion of education for small-sized construction machinery pilot in the name of a private teaching institute to students of a private teaching institute who did not complete the prescribed curriculum necessary to obtain a license for small-sized construction machinery pilot, and then Defendant B collected students from H to introduce them to Defendant A, and Defendant A was willing to issue a false certificate of completion to the above students.

Accordingly, the Defendants: (a) around January 5, 2016, the G Institute did not complete all necessary theoretical and operational training necessary to obtain a license for a pilot with less than three tons from the said Institute; (b) the Defendants received money as a tuition fees, and (c) illegally prepared a certificate of completion of the education as if the I had completed the education.

On January 18, 2016, the Defendants issued a small construction machinery pilot license by requiring I to submit the certificate of completion of education issued as above to a public official in charge of the public official who does not know of the aforementioned circumstances at the office of the Mapo-si, Changwon-si, Changwon-si, Changwon-si, and issued a small construction machinery pilot license by allowing I to do so. From that time, 51 persons, such as I, who did not complete the prescribed education more than 51 times in total as shown in the attached list of crimes (1) by January 26, 2016, including I, who did not complete the prescribed education at least 51 times as shown in the list of crimes (1).

In the end, the Defendants conspired to perform their duties as a public official in charge of issuing licenses by the competent authorities, such as the Simpo-gu Office in Manpo-gu.

B. Defendants A and C jointly commit the crimes.

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