A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the fraud of the victim Chungcheongbuk-do shall be acquitted.

Punishment of the crime

The defendant is a person who actually operates E, a corporation established for the purpose of manufacturing machinery, etc., in the Da of the Sound Group of Chungcheongbuk-do.

On April 3, 2013, the Defendant: (a) around April 3, 2013, at H office for G management, which is located in the Chungcheongnam-gun F, the Defendant provided that “I will be exempted from receiving facility loan at the bank. I would like to prepare a false estimate, tax invoice, sales contract, etc. as if I purchase and install a new 20 million won in the bank. I would be able to obtain a loan equivalent to KRW 170,000,000 if I would submit it to the company bank. I would make and falsely prepare a tax invoice, quotation, etc.; and receive an appraisal as I would like to see the machinery as new; and (b) G approved this.”

However, in fact, G purchased the said machinery at KRW 31,90,000 and installed it in H around December 2012, and the victim company’s “small and Medium Enterprise Facility Loan System” in the victim company bank was a system that lends the amount equivalent to 80% of the mechanical value at the time of new purchase and installation of the machinery.

Nevertheless, around May 2013, the Defendant: (a) drafted a false contract and tax invoice (including value-added tax) stating that E, a stock company, sold a tobacco vessel of KRW 220 million to H; (b) written a false estimate stating that the sales cost and installation cost of the said machinery are KRW 223.4 million (excluding value-added tax); and (c) submitted it to G; (d) G submitted the said false contract, etc. to the adjacent branch of the victim bank, and filed an application for the “small and Medium Enterprise Facility Loan” with the victim bank.

Therefore, the Defendant conspired with G, and around June 14, 2013, the victim believed that the above document is true, is 170,000,000 won from the corporate bank account (I) in the name of E Co., Ltd. as the cost of facility loan.