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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In relation to the misconception of facts and the misapprehension of legal principles as indicated in the judgment of the court below, the Defendant used the money borrowed as operating funds of G’s creditors and the Defendant as a shareholder of G Co., Ltd. (hereinafter “G”) for the operation funds of D(hereinafter “D”) which is a stock company with a single shareholder does not correspond to the use of G’s operating funds. Therefore, it is difficult to view that the Defendant was the criminal intent of defraudation as to the crime of fraud, since the use of the loan belongs to the usage of G’s operating funds, it is difficult to view that the Defendant was the criminal intent of defraudation. Under Article 1(b) of the facts constituting the crime of the court below as indicated in the judgment of the court below, the Defendant had the intent or ability to repay the loan at the time of issuance of a credit guarantee certificate under the name of the victim of Korea Technology Credit Guarantee Fund (hereinafter “C”)
Nevertheless, the court below erred by misunderstanding the facts charged and by misunderstanding the legal principles, which affected the conclusion of the judgment.
B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.
2. Determination:
A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the lower court found the Defendant guilty of all the facts charged regarding the crime of fraud against the Defendant on February 27, 2012 in full view of the following circumstances recognized by various evidence duly adopted and investigated as follows.
(1) In a loan or guarantee by a financial institution or a guarantee institution, the use of the loan is directly connected to whether the loan is repaid or to the degree of repayment, and thus, it has very important meaning in making decisions on guarantee and loan.
(2) strict examinations are conducted in the course of guarantee or loan.