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All of the first and second original judgments shall be reversed.
Defendant
A Imprisonment for one year, and Defendant B for nine months.
Reasons
The summary of the facts charged in the instant case is the representative director of D Co., Ltd. (hereinafter “D”) and the actual representative of E Co., Ltd. (hereinafter “E”).
Defendant
B as an auditor of D’s former interest E, on December 5, 2007, the Suwon District Court sentenced ten months of imprisonment for fraud, etc. and completed the execution of the sentence on June 15, 2009.
Defendant
F and G are business assistants of the above A.
The Defendants conspired to arrange for a loan necessary for the AB Industrial Complex Development Project (hereinafter referred to as the “instant project”) promoted by AC group and receive brokerage fees.
Defendant
A was introduced by H on September 1, 201, after introducing I, the director of the department in charge of the instant project of the AC group, from H, and suggested I to receive a loan for operating expenses incurred in creating the Jeju Industrial Complex by allowing I to participate in the instant project with J and allowing I to participate in the instant project, and I asked I to “I to take charge of the implementation and sale of the instant project, and request I to procure KRW 5 billion project expenses from financial institutions.”
Defendant
F and G heard from A that they are promoting the instant project, and offered to A that “I will see our own finance,” and Defendant F introduced L Co., Ltd. (hereinafter “L”)’s regular management of the project cost of K Industrial Complex Development Project by lending KRW 200 billion to A at the end of September, 2011. The F and G demanded M to actively examine the loan case of the instant project, and Defendant G issued all documents, such as a written contract, etc., written in the course of the loan of the project cost of the said K Industrial Complex Development Project around that time.
Defendant
A As such, upon introducing L regular M through Defendant F, and requesting M to grant a loan to the project cost of the instant project, Defendant A and B together with Defendant A and the Director N on October 201.