A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 14, 2014, the Defendant received a direction to the effect that the Defendant should not use the funds differently from the purpose of the application from the employee B in charge of the loan at the point in Ulsansan Nam-gu, Ulsan National Credit Guarantee Foundation's Nam-gu, Ulsan National University on April 14, 2014, and applied for a guarantee of personal operating capital, and using the loans only as the funds received by the Foundation's credit guarantee stipulated in the credit guarantee agreement by providing a loan guarantee.

In doing so, the term “C” stated to the effect that an application for credit guarantee is filed for a loan guarantee for the use of a personal business entity’s driving fund.

However, even if the Defendant borrowed KRW 50 million from the credit guarantee of the victim foundation at the location of Samsan-dong, it was thought that it would be converted to the driving capital of the “C” rather than the “C” as an individual business entity, and there was no intention or ability to repay the amount of the loan as above.

Nevertheless, the defendant, by deceiving the person in charge of loans from the victim foundation as above, received one letter of credit guarantee equivalent to KRW 42,500,000 from around the 22th of the same month, and acquired property profits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of a credit guarantee agreement, a credit guarantee certificate, a certified copy of a corporate registry, and business registration certificate;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. The reason for sentencing under Article 62(1) of the Criminal Code of the suspended execution under Article 62(1) harms the appropriate function of the above foundation’s public funds for the support of small enterprises in need of financing by using the guarantee certificate of the credit guarantee foundation for the lending of a corporate company that is not qualified differently from its purpose, and inflicts substantial damage (the amount of subrogated repayment KRW 39 million) on the ground that the defendant did not repay the funds borrowed by the guarantee certificate, and is trying to escape liability by actively making a false statement in the police investigation.