A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the representative director of a corporation B, the purpose of which is to manufacture and process elevator parts.

A loan against security of credit accounts by electronic means is an ordinary business activity consistent with its business objectives in relation to transactions between enterprises with which a financial institution has issued a business registration certificate, and is paid by an enterprise selling goods and services by applying for a loan from a purchasing enterprise as collateral, and all procedures, such as application for a loan, confirmation of sales details, and execution of a loan by a purchasing enterprise at the maturity of the loan, etc. are conducted by a purchasing enterprise in electronic form by computer, etc., and a purchasing and selling enterprise using settlement credit as a means of payment for commercial transactions shall use settlement credit within the scope of the amount of the credit accounts receivable actually occurred after commercial transactions, and shall not use settlement credit for the purpose of merely financing funds without actual commercial transactions.

Nevertheless, the Defendant, who is the former representative director of C (Death on November 25, 2015), issued tax account statements as if he/she supplied goods from C to C in a false manner, and requested and delivered loans to financial institutions by offering credit claims that B has against C as collateral, upon receiving a proposal, the Defendant conspired to commit the above D and loan fraud.

On March 30, 2015, the Defendant connected the victim corporate bank by means of a computer from a corporate office located in Seo-gu Incheon, Seo-gu, Incheon, to the victim corporate bank by electronic means. Despite the fact that the Defendant did not supply the elevator power transmission device to C, the Defendant supplied the above elevator power transmission device to C, and applied for a loan against security of credit sales claims as if the credit sales claims were located.