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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for two years and for one year and six months, respectively.
except that this shall not apply.
Reasons
1. The summary of the grounds for appeal: The Industrial Bank of Korea has not established a system for automatically and separately examining whether to grant a loan at the request of the Defendants within the scope of the lending limit set out in the contract for corporate purchase loan that was entered into with the Defendants, and as a result, confirming that the loan is used as the actual purchase fund between the companies.
Even if the Defendants were to submit to the online market (MP) a written contract that differs from the actual transaction volume in the process of filing a loan application, there is no person who was unaware of it, and there is no person who caused mistake. Therefore, there is no deception. There is no relation between the Defendants’ act and the Industrial Bank of Korea’s disposal act.
The Defendants received loans within the loan limit under the existing credit agreement and used some of them as business operation funds. However, this is only after the Korea Credit Guarantee Fund and the Industrial Bank of Korea made a decision to lend funds to the Defendants within the extent of the new agreement, and the Defendants, as shown in the facts charged, did not deceive the Defendants as to the facts charged, the lower court: (a) the Defendants, who received a loan from a person in charge of loan by receiving the loan without notifying the loan manager of the financial institution of the genuine source of the
The Defendants guilty on the premise that the instant facts are identical to the instant case (Supreme Court Decision 2011Do15161 Decided January 27, 2012) and the instant case, and that the legal doctrine of the said case was borrowed as it is, and thus, it violated the rules of evidence.
There is no intention to commit the crime of defraudation of the loan of this case against the defendants.
The Defendants had the intent to repay and the ability to repay at the time when they receive the loans from the Industrial Bank of Korea, and are not individually using the borrowed money.