Defendant

A Imprisonment with prison labor for three years and for three years and six months, respectively.

Punishment of the crime

Defendant

A, on August 18, 201, was sentenced to two years of imprisonment with prison labor for a violation of the Wastes Control Act in the Daegu District Court's Ansan Branch, and appeal was pending in the appellate trial at the Daegu District Court.

1. The Defendants’ violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) of the Defendants decided on March 18, 201 to transfer the “stock company H” office operated by Defendant B located in the second floor of the Gangnam-gu Seoul Metropolitan Government GG building to Defendant B, and the “I stock company operated by Defendant A” to Defendant B. The funds are to be obtained and raised as a loan for the facility fund related to the “J” developed by Defendant B (hereinafter “instant machinery”). Accordingly, the Defendants drafted the supply contract of the instant machinery with the said facility cost of KRW 4 billion among the Defendants.

Defendant

A around May 201, submitted the false contract prepared as above to the Gangnam District Headquarters of the Small and Medium Business Corporation, and filed an application for the allocation of facility funds for the installation of the instant machinery, and thereafter, submitted the above contract to the Credit Guarantee Fund for Victims to the effect that “I Co., Ltd. is a sound and solid waste intermediate company without any problem in its operation, and entered into a contract with J to be established at KRW 4 billion in the cost of construction from H. As such, A applied for the issuance of a written guarantee of facility funds to the effect that “the guarantee for receiving facility funds is changed.”

However, as above, the above contract was made for the purpose of using the loan to obtain the funds by transferring and taking over the I Co., Ltd. among the Defendants, and there was no contract between the “Co., Ltd. H” and “I Co., Ltd.” to install the instant machinery in the amount of KRW 4 billion for the construction cost. Therefore, even if the Defendants were to obtain a guarantee from the victim, they did not intend to use the same to obtain the loan for the facilities.

Nevertheless, the Defendants are the defendants.