A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[209 Highest 589] The Defendant, along with D who operates C, a fishery products distributor, obtained a credit guarantee certificate from the Victim Credit Guarantee Fund, and conspired to obtain a loan from the bank as collateral.

On January 25, 2005, the Defendant: (a) at the Industrial Bank of Korea branch of Seongbuk-gu, Seongbuk-gu, Seoul Special Metropolitan City, the other party to the loans for small and medium enterprises, the Defendant: (b) at the Industrial Bank of Korea branch of Seongbuk-gu; (c) at D’s branch of the Bank of Korea located in Sung-gu, Sung-gu; (d) the Defendant, upon filing an application for credit guarantee with the Korea Credit Guarantee Fund for credit guarantee, submitted the aforementioned financial statements, etc. to the victim; and (d) issued a credit guarantee certificate with the guaranteed principal of KRW 85 million from its employees; and (d) received 100 million from the said Industrial Bank of Korea as collateral for the loans for small and medium enterprises; and (e) required the victim to pay the guaranteed liability of KRW 86,94,635

Accordingly, the defendant acquired property benefits equivalent to 100 million won in collusion with D.

[209 Highest 781] The Defendant obtained a false financial statements confirmation center, etc. from a tax office to obtain a loan from the Korea Credit Guarantee Fund with the name of Gangseo-gu Seoul Metropolitan Government E, and proposed that part of the loan be paid to the Defendant. The F, which was in need of the Company Operation Funds, accepted the Defendant’s proposal and offered that part of the loan should be paid to the Defendant.

The F shall, upon the direction of the defendant on April 14, 2005, apply for a credit guarantee necessary to obtain a loan of 100 million won from the Industrial Bank of Korea at the strong branch of the Victim Credit Guarantee Fund located in Gangseo-gu, Seoul Metropolitan City and other village 664-8, and the F shall make an application for the credit guarantee to the person who is an employee of the victim.