A defendant shall be punished by imprisonment for one year.

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

A. Defendant 1’s misunderstanding of facts (a) The Defendant operated a magazine company called “K” at the time of application for issuance with a guarantee for the loan of start-up funds. However, even if there was no transfer contract for G business entered into with E, the Defendant could receive a loan of start-up funds, and thus, the Defendant’s act cannot be deemed as an act of objectively dangerousing the occurrence of a crime of fraud.

Therefore, the defendant's act is only an impossible crime of fraud and does not constitute an attempted crime of fraud.

B) Since the content of the transfer and acquisition contract is the same as the content of the special agreement on the lease contract, it is difficult to view that the Defendant had an actual intent of transfer and acquisition of business between the Defendant and E, it is difficult to view that the Defendant was deceiving the Victim Korea Technology Finance Corporation.

B. Around April 2013, 2013, the Korea Technology Finance Corporation’s employees R made an application for a business start-up loan to the Korea Technology Finance Corporation around April 20, 2013, stating that “the Defendant applied for a business start-up loan to the Korea Technology Finance Corporation, submitted a transfer contract for the loan application, and sent the documents necessary for the guarantee to one share,” and the Defendant is sufficiently recognized on April 2013.

B. On May 14, 2013, E stated that “Around May 14, 2013, it is true that the Defendant prepared a lease contract, but there is no fact that the transfer contract was prepared, and there is no fact that allowed it.” The R stated that “E visited the Korea Technology Finance Corporation to allow it to peruse the loan documents, and reported the transfer contract to “A transfer and takeover contract is not prepared.”