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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a representative director in the name of C, a corporation manufacturing bedclothes.
The defendant and the actual operator of the above company: D, with the help of trade financing planninger E, etc., conspireds to obtain trade financing loans to enable banks to borrow loans from exporters under the guarantee of the Export Insurance Corporation.
On November 30, 2009, the Defendant, along with D, submitted trade loan application documents in the name of C, such as commercial status table, export performance certificate, and financial statements, received from the Korea Export Insurance Corporation (former Korea Export Insurance Corporation) through the Korea Export Insurance Corporation (Korea Export Insurance Corporation) with the guarantee limit of KRW 180,000,000,000 from the Korea Export Insurance Corporation (Korea Export Insurance Corporation) and entered into an agreement with the Korean Bank for credit transaction of KRW 200,000,000,000,000,000 won, as security.
However, the commercial situation table, export performance certificate, etc. submitted at the time of the application for the above trade financing loan had no intent or ability to repay the loan even if the above E, etc. was fabricated.
Accordingly, the Defendant, in collusion with the above D and E, took out loans worth KRW 166.7 million in total, including KRW 807 million on December 4, 2009 and KRW 86 million on December 7, 2009.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. Each police statement of F, G, and H (including copies thereof);
1. Export credit guarantee certificates, commercial status table, list of credit and security status table, loan consultation, and application Acts and subordinate statutes;
1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) applies to the case in which the defendant repents his errors, has no record of punishment for the same kind of crime, the degree of the defendant'
1. Probation and community service order under Article 62-2 of the Criminal Act;