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(영문) 춘천지방법원 강릉지원 2015.03.12 2014노614
사문서변조등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (Definite and unreasonable sentencing) 1) misunderstanding of facts by Defendant A, even though there was an alteration of the test report and the victim’s pinite chrobball for coal pulververververs (hereinafter “hinball”).

(2) The sentence imposed by the lower court of unfair sentencing (one hundred months of imprisonment and two years of suspended execution) is too unreasonable, because the lower court’s delivery constitutes a normal product, and thus, it does not constitute a deception of fraud or there is no causation between deception and payment of the price of goods.

B. The punishment sentenced by the court below (the punishment of eight months of imprisonment and one year of suspended execution) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the court below as a whole, the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, it is reasonable to view that the above defendant's act of submitting six copies of the test report altered as stated in the judgment of the court below, and causing the employees of the above victim to be omitted in mistake as if the test result meeting the supply conditions was obtained, constitutes a deception of fraud, and the causation between the above deception and the purchase price of goods is recognized. Therefore, the above defendant's assertion of mistake of facts is without merit. (A) According to the standard form for purchase of goods concluded between the above defendant and the F Co., Ltd. (hereinafter "F") which is a company in which the above defendant is a regular business, and the victim, according to the standard form for purchase of goods entered into between the defendant and the victim, Si (L) among the chemical ingredients of the hybrid chrochball, which must be supplied to the victim, requires that it constitutes 0.4-0.8 and 0.30.6

However, the above defendant is altered as stated in the judgment below, when the test results of F F's Haro chrobball to the Korea Testing and Research Institute, which is the examination result agency, exceed the above supply conditions, and the victim's employees are above.

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