The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Summary of Grounds for Appeal

The sentence of unfair sentencing sentenced by the court below (three years and six months of imprisonment) is too unreasonable.

The term "loan for corporate purchase fund" in determining the grounds for appeal is a system that intends to reduce the shortage of funds for small and medium enterprises by reducing the use of bills in commercial transactions and by inducing cash settlement. Here, loans are simple depending on tax invoices issued by enterprises on the basis of prior trust in companies without a sudden examination of whether they are actually traded or their source of use.

Trust in companies is the basis of corporate purchase fund loans.

The system can not be successfully implemented without the trust of the company.

In this case, the defendant violated the trust of a bank to a company by pretending a false processing transaction, and deceiving a bank, and he has received a large amount of loans.

The defendant's act is likely to seriously undermine the success of the system by seriously impairing the trust of the bank in the company. Therefore, it is necessary to strictly cope therewith.

In addition, in this case, when the sum of the fraud amount is close to 1 billion won, the degree of illegality is important in itself.

In addition, the loan has been applied for through issuance and attachment of a false tax invoice on the basis of processing transactions, but if the loan is granted, the method of crime is also disturbed and planned by cancelling the tax invoice immediately after the cancellation of the transaction.

The amount of KRW 850,000,000, which is directly acquired from the defrauded, is used only part of the money for the operation of the company or for the repayment of the existing loan, and the remaining amount of KRW 370,000,000 among the money is investment, and the amount of KRW 48,000,000 has been directly enjoyed the profits of the defendant, such as being consumed by consolation money and child support.

However, most of the loans acquired by deceit are not recovered.