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Defendant
All appeals filed by B and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of imprisonment (one year and six months) against the defendant in the judgment of the court below against the defendant B is too unreasonable.
B. The Defendant A, the representative director of the Co., Ltd. (hereinafter “C”), Defendant A, the Defendant of the public prosecutor, is obvious in the record that the director of the in-house director of the Co., Ltd. (hereinafter “C”), but in the summary of the grounds for appeal
In light of the fact that Defendant A conspired with Defendant B to commit a loan fraud, the lower court acquitted Defendant A on the fact that it was sufficiently recognized that Defendant A committed a loan fraud, by visiting the bank to hear the explanation of the loan product, and received Sms notice on the deposit and withdrawal of the bank account in C, etc.
2. Determination
A. As to the prosecutor’s assertion of mistake of facts, Defendant A is the representative director of C. On February 7, 2017, the Defendant entered into a contract with the Incheon Regional Government Procurement Service for goods supply with the content of establishing 1,000 vertical monitoring machines (contract amount: KRW 345,659,00, and delivery period: April 8, 2017) which are practical training equipment and materials at D Public Notice. On February 8, 2017, the Defendant: (a) on the ground of the contract for goods loans of KRW 276,00,00,000 (contract amount: KRW 345,659,00,000; and (b) the delivery period: April 8, 2017, the Defendant obtained the above short-term loan interest rate of KRW 375,00,00,000 (hereinafter “the above loan interest rate of KRW 276,000,00).
(2) If the Supplier pays to the goods supplier and the Supplier supplies the goods to the foregoing D Public Notice, the said Public Procurement Service entered into a credit transaction agreement ( network theory) on the condition that the amount of the loan out of the contract would be paid to the victim bank.
However, even if the defendant receives a loan from the victim bank, he/she may supply goods to the D Public Notice.