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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who has served as the representative director of “C” corporation, as a manufacturing business entity that manufactures and sells bedclothess, tents, etc.
The Defendant, using the hub that the corporate purchase financing system is formally conducted in the process of a series of processes, such as issuing a letter of guarantee from the Korea Credit Guarantee Fund and lending of a financial institution, in order to obtain the corporate purchase financing loan from the victim bank, and pay the above debt by pretending to meet the qualification requirements for the corporate purchase financing loan, even though the existing goods payment obligations that C owes to D for a stock company do not meet the requirements on the date of issuance of the tax invoice.
On January 22, 2010, the Defendant, at the office of C, a corporation located in Seocho-gu Seoul Metropolitan Government, requested the above company’s accountingF to access the company’s loan site without accurately knowing the qualification requirements for the company’s loan, and then purchased goods equivalent to KRW 7,756,320 from D on January 22, 2010, and received the tax invoice from D on the same day.
“” had the victim bank apply for a loan of corporate purchase fund by entering the details of purchase into the above site.
However, in fact, C did not have purchased goods equivalent to KRW 7,756,320 from D around January 22, 2010, and it was not a qualification requirement to receive corporate purchase loan from the victim bank because it was not possible to apply for corporate purchase loan even after 30 days from the date of issuance of tax invoice.
Nevertheless, the defendant deceivings the victim bank as above and caused the victim bank to do so on or around January 22, 2010 to the account (H) of G name bank account, the representative of D, which is KRW 7,756,320.