Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

The defendant has been operating the company from June 2006 to August 2009 as the representative director of the company C in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

Around June 2008, the Defendant submitted a false confirmation to the effect that, at the Daejeon-gu Daejeon E Bank Daejeon Branch, the Defendant requested FF to grant a loan of KRW 250 million on the condition that 17 kinds of machinery equipment, such as the Sick season, established in the said company, is provided as security for transfer to the victim G Co., Ltd., and that, “No lease or lease facilities, nor machinery equipment has been installed by the ownership reservation book.”

However, on April 2008, the machines and instruments of the 17th class in which the Defendant offered the victim as security by means of transfer had already been provided to H, other creditors, as security for transfer. Moreover, since the financial situation, such as the total amount of bank loans and liabilities to H at that time, 80 million won, has considerably deteriorated, even if the Defendant borrowed money from the victim company, the Defendant did not have any intent or ability to repay it.

Around July 3, 2008, the Defendant, by deceiving the above F, obtained 250 million won as a loan from the victim company and acquired 250 million won from the victim company.

Summary of Evidence

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of the police statement to I;

1. A complaint;

1. A certified copy of each notarial deed;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List Nos 26,37);

1. Relevant provisions of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act (Selection of Imprisonment)

1. Scope of punishment by law: One month to ten years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] and the basic area of recommendations [the scope of recommendations and recommendations] (the scope of recommendations and recommendations], the basic area of which is not less than KRW 100 million and less than KRW 500 million (the amount of punishment shall be set forth in Type 2], and 1 to 4 years.

3. Determination of sentence (unfavorable circumstances) of the instant crime is a large amount of money by deceiving a bank in the situation where the Defendant bears a large amount of obligation.