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(영문) 부산지방법원 2015.07.17 2015노1122
사기등
Text

Defendant

C All appeals against the Defendants by the Prosecutor and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s original judgment (the Defendant A: the fine of KRW 10 million; the fine of KRW 5 million; the Defendant C; the imprisonment of KRW 2 million; the suspension of execution of execution of execution of execution of execution of three years; and the Defendant D: the fine of KRW 7 million) is too uneased and unreasonable.

B. The punishment of the lower judgment by Defendant C is too unreasonable.

2. The Defendants’ crime is likely to cause danger to fatal accidents by using parts supplied to nuclear power plants that require safety higher than other general facilities, which fall short of the required standard and quality level, or supplied without undergoing safety inspection. Accordingly, the Defendants’ crime liability is not weak, such as serious harm to public confidence in the safety of nuclear power plants.

However, there are circumstances that can be considered favorable to the Defendants, such as the following: (a) the Defendants’ crime of this case led to actual risks to the safety of nuclear power plants or the stable operation of nuclear power plants; (b) there are many cases where the Defendants simply deleted or altered the inspection certificate, etc.; (c) the quality of the products supplied by the customer company or the client after the forgery or alteration of the inspection certificate; and (d) the quality of the products supplied by the Defendants was verified as a result of the follow-up verification; (c) the actual amount of profit that can be acquired as a result of the instant crime is not substantial; and (d) the Defendants cannot be deemed as

In addition, according to Defendant A, B, and D, the above Defendants are serving as an employee in the first offense or having little history of punishment, or in the quality assurance department of L Co., Ltd. (hereinafter “L”), and there are aspects of performing their duties in accordance with the commercial instruction and practice, and they are going against the instant crime and not to repeat the crime, and they are above imprisonment without prison labor.

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