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(영문) 서울고등법원 2015.09.03 2015노1566
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment for three years, and Defendant B for two years.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (three years of imprisonment for Defendant A and two years of imprisonment for Defendant B) is too unreasonable;

2. Ex officio determination

A. According to the evidence duly adopted and examined by the court below prior to the grounds of appeal on the relation to the crime, the fund for the establishment and promotion of small and medium enterprises under the Small and Medium Enterprises Promotion Act is created with Government contributions, etc. (Article 64 of the Small and Medium Enterprises Promotion Act), the fund is operated and managed by the Small and Medium Business Corporation (Article 66 of the same Act), and at least three small and medium enterprises request the Small and Medium Business Corporation to provide cooperative funds, the Small and Medium Business Corporation approves the cooperative movement plan through fact-finding surveys, and the Small and Medium Business Corporation shall, upon receiving an application for cooperative funds, allocate the funds to the Loan Handling Bank to the Loan Handling Bank and execute the loan through a bank, which is an entrusted institution for business affairs: Provided, That if the loan is a collateral loan, the Small and Medium Business Corporation shall be allocated KRW 1.25 billion with the collateral value within the limit of the collateral value of the Loan Bank (in this case, the Han Bank, an entrusted institution for business affairs, was given a loan of KRW 1.1 billion,1000 million,000 won by deceiving.

Nevertheless, the lower court did not err by misapprehending the legal principles on each bank.

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