The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (three years of imprisonment) is too unreasonable.

2. The system of financing for corporate purchases is intended to reduce the shortage of funds for small and medium enterprises by reducing the use of bills in commercial transactions and inducing cash settlement. The financing system depends on a tax invoice issued by an enterprise on the basis of a prior trust in the enterprise without a profound examination as to whether it is real transactions or its place of use.

Therefore, corporate trust is the foundation of corporate purchase fund lending system, and without such trust, the system can not be successfully implemented.

The defendant abused the corporate purchase financing system to lead to the reliance of the bank on the company, deceiving the bank, and received a large amount of loans. This act is likely to seriously undermine the function of the corporate purchase financing system, and therefore, it is disadvantageous to the defendant.

However, from around 2006, the Defendant received a loan for corporate purchase from the Industrial Bank of Korea (hereinafter “the Korea Credit Guarantee Fund”) under the Credit Guarantee Fund (80% guarantee ratio). On July 10, 2008, the Defendant borrowed KRW 800 million from E Co., Ltd. to repay the previous loan for corporate purchase funds (II), paid the loan principal, and received KRW 800 million from E Co., Ltd. as stated in the facts of the crime in the judgment of the court below, and immediately remitted the loan amount of KRW 80 million to E Co., Ltd.’s account in the name of E Co., Ltd., and thereafter, the Defendant received some damages from the Korea Credit Guarantee Fund.