The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. Summary of reasons for appeal: The punishment sentenced by the court below (three years of imprisonment) which is unfair in sentencing is too unreasonable.

2. The instant crime was committed by acquiring a loan by means of a processing transaction by abusing the corporate purchase financing system and the electronic commerce guarantee system, which was prepared for the activation of trade among the companies.

The above actions by Defendant 1 brought about serious harm to financial transaction order and the government's financial support policy for small and medium enterprises, and as a result, Defendant 1 did not repay the loans obtained by Defendant through deception, thereby causing losses to public funds operated as national taxes by paying them in subrogation of the Korea Credit Guarantee Fund.

In addition, the amount acquired by the defendant through each of the crimes of this case is large to about 4.1 billion won, and there is a need to strictly punish the crime due to very rough and bad character.

However, prior to the judgment of the court below, the accomplice Lee Jae-ho repaid the full amount of loans of KRW 1.5 billion under Paragraph (1) of the criminal facts stated in the judgment of the court below, and the defendant repaid the amount of KRW 1.3 billion out of the amount of damage to the victim bank. After the judgment of the court below, the defendant repaid KRW 60 million to the Korea Credit Guarantee Fund that he subrogatedly repaid the defrauded money of this case on May 11, 2016, while the defendant pays KRW 60,000,000 to the Korea Credit Guarantee Fund, and on the other hand, submitted a written installment repayment contract with the total repayment period of KRW 30

Accordingly, the Korea Credit Guarantee Fund has expressed its intention of not wanting to punish the defendant and appeal against the defendant.

In addition, since the defendant's management difficulties due to the lack of funds have occurred due to the operation of the company, it seems that the crime of this case was caused by the purpose of normalizing the company, the circumstances of the crime will be taken into account, and the fact that the defendant is against the truth and there is no criminal record exceeding the fine.