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(영문) 부산지방법원 2015.01.08 2014노4147
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (one year of imprisonment and two years of suspended execution) of the lower court is too unhued and unreasonable.

2. The crime of this case is that the Defendant acquired money by using the forged materials test report on steel, which is the raw material of the RACK (the storage cell block, the distribution box) that the Defendant will supply to a nuclear power plant. The above product is a structure supporting the storage batteries used in a nuclear power plant, which can have a significant impact on the safety of nuclear power generation, and the amount of defraudation is 180 million won. In light of the fact that the crime of this case is a structure that supports the storage batteries used in a nuclear power plant, which is a product that can have a substantial impact on the safety of nuclear power generation, and that is, the amount of

However, considering the following factors: (a) the Defendant led to the confession of the instant crime and reflects his mistake; (b) the Defendant was judged to have no quality problem as a result of the post-inspection of the goods supplied by the Defendant; and (c) the Defendant has been normally used until now; and (d) the Defendant has no record of any particular criminal punishment other than the punishment imposed four times due to drunk driving, etc.; and (b) other factors that form the conditions for sentencing, such as the Defendant’s age, character and conduct, motive, means and method of the instant crime; and (c) the circumstances after the crime, etc.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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