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(영문) 부산고등법원 2014.11.12 2014노363
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

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

Reasons

1. As to the gist of the grounds for appeal (two years and six months of imprisonment), the Defendant asserts that the Defendant is too uncomfortable and unfair, and the prosecutor asserts that it is too unffortable and unfair.

2. The crime of this case was committed by the Defendant with a certificate of KRW 30,00 from March 201 to December 201, 201, by forging and using the certificate of inspection from around March 201, and the case was serious; the Defendant committed repeatedly the crime with the intent to avoid economic damage resulting from the imposition of liquidated damages, etc. or to raise the difference in the unit price of materials; although the instant product passed the safety certification, the potential risk to the safety is not completely eliminated; and the social trust in the Hanwon’s work was significantly damaged due to the instant case, etc., which is disadvantageous to the Defendant.

However, all of the crimes of this case are committed by the defendant, and it is against mistake, the product supplied by the defendant is not directly affected by the safety of nuclear power plants, etc., as S Grade or quality warranty R class which is general industrial item, but does not directly affect the safety of nuclear power plants, etc., the structural safety of each product supplied by the defendant seems to have no big problem. It appears that the inspection certificate was not forged or altered to conceal the defect that exists or may exist in the product. It appears that the substantial amount of profit gained by the defendant through the fraud of this case is not significant, the defendant is trying to recover the damage by disclosing the intention to replace facilities, extend the warranty period, compensate for money, etc. with respect to Hanwon, the defendant has no record of criminal punishment for the damage, other than two times prior to punishment, the fact that the defendant has to support his wife and children, his family members and employees, etc., and the defendant's wife and employees want the defendant's preference.

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