[2013 Highest 1026] Criminal Justice Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Gwangju District Court on April 15, 2005, and was released on October 28, 2005 during the execution of the sentence in the Gwangju Prison and passed on February 8, 2006.

Criminal facts

On February 21, 2008, the Defendant made a false statement to the effect that, within the E plant of the victim D’s operation in Yong-Namnam-gun, the Defendant received a letter of guidance that the Defendant would act for the counter-loan of small and medium enterprises sent by mail, and that, “The amount of KRW 90 million can be loaned from Jeonnam-do to allocate policy funds for small and medium enterprises, and the amount of KRW 90 million can be loaned to the above 90 million.”

However, in order to obtain a loan by being allocated policy funds from Jeonnam-do, it is essential to obtain a guarantee from the Jeonnam-do, and on that premise, the financial statements of the above E are essential, but the above E did not have any sales performance at that time, and the financial statements were not prepared, and thus it was not possible to receive an allocation and loan of the above policy funds. The defendant, who is well aware, did not have any intent or ability to obtain an allocation and loan of the above policy funds even if he was paid from the victim for expenses for the allocation and loan of the above policy

As such, the Defendant, by deceiving the victim, received KRW 750,000 from the victim on the same day.

In addition, the Defendant, from the above date to July 29, 2008, by deceiving the victim on a total of 22 occasions as shown in the attached list of crimes, and received a total of 28,100,000 won from the victim for the purpose of allocating and lending policy funds to Jeonnam-do.

[2013 Highest 1394]

1. The criminal defendant is operated by the victim G in Seocho-gu Seoul Metropolitan Government F, on December 2, 2009.