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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On January 12, 2018, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment with prison labor for special larceny in the Daejeon District Court Branch of the Daejeon District Court on January 12, 2018, and the judgment became final and conclusive on January 19, 2018.
The Defendant supplied automobile parts to C Co., Ltd. (hereinafter referred to as “C”), a partner of GM Motor Vehicle Co., Ltd. (hereinafter referred to as “B”), as an operator of the automobile parts manufacturing business, and received the payment by using “electronic credit sales credit settlement system”, which entered into with C on December 23, 2011 with a branch of the Korea Bank South Korea (hereinafter “victim”) with the victim’s new bank branch (hereinafter “victim”).
On July 2013, the Defendant: (a) requested D, the representative director of C, with knowledge that it is not possible to use the electronic method credit settlement system for the purpose of financing, without any actual transaction, for the purpose of financing; (b) that “A request D, with knowledge of the fact that it is not possible to use the electronic method credit settlement system for the purpose of financing, to register the credit credit with a new bank under the pretext of advance payment so that it can obtain a loan as security for the credit; and (c) D, with the direction of the subordinate employee E, ordered C, to pay the amount of parts worth KRW 412,00,000 to B, and issued credit sales bonds to B by registering the credit sales information in the electronic computer system of the victim bank.
However, the Defendant did not supply C with parts of the automobile amounting to KRW 412,00,000, and only was a plan to purchase a shooting machine necessary for the manufacture of automobile parts by receiving funds from the victim bank under the pretext of loans.
Around that time, the Defendant had access to a new bank Internet banking, and applied for a loan to the victim bank as if the credit sales credit issued by C were genuinely issued credit sales credit.