Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

However, as to Defendant B, this shall not apply.

Criminal facts

Defendant

On February 22, 2011, A was sentenced to two years of imprisonment for fraud, etc. at the Gangnam Branch of the Chuncheon District Court, and the said judgment became final and conclusive on March 3, 2011.

Defendant

A is the actual representative of D Co., Ltd. D (hereinafter referred to as “A”) that is registered as a business entity manufacturing bedclothes in the Sclothic City on March 11, 2005, and Defendant B is the nominal representative director of the above company on March 20, 2008, and E is a person who is appointed as a director of the above company on May 19, 2008 and is registered in the corporate registry.

F is the representative of H, a corporation with the domicile of Gangdong-gu Seoul Metropolitan Government, who is engaged in the business of so-called "Fraud loan planning" to create false documentary evidence related to trade financing.

The Defendants and E, with the help of the above F, traded foreign exchange with a false export declaration certificate in the name of the Bank of Korea, or manipulates the export performance by trading a zero-rate tax invoice with no real transaction, etc., and conspired to obtain trade financing loans by submitting a credit investigation report, etc. to the bank. For this purpose, Defendant B listed the above company as a representative director on the name of the above company, and solicited E as a loan guarantor.

On September 5, 2008, the Defendants entered into a loan application agreement with the Korean bank to increase the loans of 10 million won, including ① annual export transaction performance of the LABD at the LABS branch of the LAD Co., Ltd., Ltd., which is located in Seosung-si, Seosung-si, Seosung-si, Seosung-si, Inc.