The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact-finding the Defendant merely borrowed money from G through A, an executive officer or employee of a financial company, and G merely received a loan from E community credit cooperatives, and there is no way to take part in it by taking advantage of the president status

Although the Defendant constitutes “third party” rather than “executive officers and employees of financial companies” under Article 8 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, if the Defendant did not work as executive officers and employees of Korea Community Credit Cooperatives, the lower court erred by misapprehending the legal principles regarding the lending of money by using information on the status

B. Taking into account the fact that the Defendant’s criminal defendant reflects the fact that he/she caused social controversy, borrowed from G only once, does not continue to commit the crime, and is likely to restrict economic activities when the judgment of suspension of execution becomes final and conclusive, the sentence of the lower court (two years of suspended execution in August) is too unreasonable.

2. Determination:

A. The crime of lending money among the crimes provided for in Article 8 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes is established when an officer or employee of a financial institution lends money by taking advantage of his/her position, and the "loan of money by taking advantage of his/her position" is "loan of money" in this context.

financial institution means a case where there are circumstances in which the act of lending money which was impossible or difficult if it did not have been in the position of an officer or employee of a financial institution was made possible or easier compared to the general public due to the fact that it was in the position of an officer or employee of a financial institution. Whether such circumstances exist or not, in order to select a person who wishes to lend money or borrow money easily, from the funds deposited or to be deposited in the financial institution to which he belongs, a financial institution under its control.