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(영문) 부산지방법원 2014.05.16 2014노959
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. It is reasonable to take into account the following circumstances: (a) it is discovered in advance that the test report, etc. submitted by the Defendant was forged; and (b) it does not cause specific harm to the safety of nuclear power by failing to be used as a part of the heat exchange instrument supplied by the Defendant; and (c) the Defendant deposited a considerable amount of the money obtained by deception for the purpose of sound and high pressure of the victim of the instant fraud, a stock company, the victim of the instant fraud.

However, the crime of this case was committed in light of the following facts: (a) the Defendant manufactured by using materials at a lower technical level than that of the nuclear power plant’s main facilities, one of the main facilities of the nuclear power plant for its economic interest, and then forged and supplied the test report, etc.; (b) if the parts made of materials at a lower technical level than the above ordered materials are used for the nuclear power plant, it is probable that the nuclear power safety problem may arise; (c) the citizens’ apprehensions about the safety of the nuclear power generation is significantly increased; and (d) if the nuclear power is leaked due to the occurrence of the nuclear power problem, the damage is broad and serious.

I would like to say.

In full view of the above facts, the defendant's assertion is without merit since the punishment for six months sentenced by the court below cannot be deemed to be unfair.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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