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(영문) 부산고등법원 2014.10.16 2014노435

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (three years of imprisonment) in light of various sentencing conditions in the instant case’s summary of the grounds for appeal is too unreasonable.

2. Examining the various sentencing conditions of the instant case, the following facts are revealed: (a) the Defendant committed each of the instant offenses, including the fraud, which was alleged to the effect that it was partially denied at the lower court; (b) the Defendant appears to have committed each of the instant offenses to gain monetary benefits from the beginning; (c) the Defendant did not appear to have committed each of the instant offenses; and (d) the circumstances, such as the delivery schedule and its change, etc., which was the victim corporation H (hereinafter “H”), appear to have been one of the circumstances where the Defendant committed each of the instant offenses; (c) the Defendant appears to have been committed against the Defendant; (d) the actual gains acquired by the instant fraud, etc. are deemed to have been insignificant; (d) the instant fraud, etc. was discovered in advance and deemed not to have been realized; and (e) the Defendant was willing to take the Defendant’s preemptive action against the Defendant; and (e) the Defendant did not have any favorable criminal power in addition to the fine of KRW 300,000 due to the violation of the Automobile Compensation Guarantee Act prior to 15.

However, the instant crime of fraud, unlike the authentic items written in the contract, is supplied by means of arbitrarily assembling and processing the main parts used for the construction of the naval wal walth box in which the cost of KRW 753,860,000 is required. In addition, the instant crime of fraud by deceiving the victim H by means of submitting a forged product production certificate with respect to some parts, and by deceiving the amount equivalent to KRW 753,860,00 for the supply of goods. It is a fatal risk to national security and national defense by using the parts that are not verified at all on the safety and quality of the naval wal walth, not merely causing property damage.