특정경제범죄가중처벌등에관한법률위반(사기)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. The decision of the court below on the gist of the reasons for appeal (one and half years of imprisonment) is too unreasonable.
2. The crime of this case is deemed to have been committed by deceiving approximately KRW 440 million through a processing transaction by abusing the corporate purchase financing loan and the electronic commerce guarantee system established for the activation of transaction among the companies. The crime of this case is not very good, such as impairing financial order and causing serious harm to the national financial support policy for small and medium-sized enterprises. As such, due to the failure to repay the loans acquired through deception by the Korea Credit Guarantee Fund in subrogation of the Korea Credit Guarantee Fund, causing losses to the public funds operated as national tax by paying the loans in subrogation of the Korea Credit Guarantee Fund. [The Korea Credit Guarantee Fund is currently a civil lawsuit by refusing to perform some guarantee obligations on the ground that the victims extended a loan without checking whether it exceeds the amount issued by the Korea Credit Guarantee Fund (the Seoul Central District Court 2015 Gohap 537016)], and the Defendant operated by the Defendant.
D Co., Ltd. shall be subject to strict punishment in consideration of the fact that it is difficult to expect the payment of all or considerable part of the amount acquired through deception to the victim or the Credit Guarantee Fund after the closure of business.
However, as the defendant suffered managerial difficulties due to the shortage of operating funds, it was caused to the crime of this case with the intention of normalizing D Co., Ltd., and there are some circumstances to consider the circumstances, the defendant's mistake is against himself, the Korea Credit Guarantee Fund is proceeding for compulsory auction on the real estate owned by the defendant, so there seems to be room for recovery of somewhat false damage. The defendant deposited KRW 50 million to the victim at the trial, the defendant's health status is not good upon the operation of workplace cancer, and all of the sentencing conditions shown in the records and arguments of this case, including the defendant's age, sexual behavior, environment, family relationship, etc.