1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:

Defendant 19,294,261 won to the Plaintiff.

1. Basic facts

A. The Plaintiff is a legal entity established under the Credit Guarantee Fund Act for the purpose of facilitating corporate financing by guaranteeing the debt of an enterprise which lacks security capability. 2) F is a representative director of G Co., Ltd. established for the purpose of printing business, etc. (hereinafter “G”), and the Defendant is a person who operates the “E” of a private business entity for synthetic rubber wholesale and retail business.

B. F’s lending of corporate purchase funds and financing fraud 1) A financial institution is carrying out a “corporate purchase fund loan” providing funds to a business entity that purchases goods and services by conducting ordinary business activities consistent with its business objectives in relation to the transaction between the business entity that received the business registration certificate, as prescribed by the Bank of Korea Regulations dealing with Enterprise Purchase Fund Loans related to Total Limit Loans. (2) G has entered into a credit guarantee agreement with the Plaintiff from September 6, 2005, and it has received a loan from financial institutions, such as Korean Bank and Industrial Bank of Korea, etc. (85% of guarantee rate), and it has come to fall short of the above company’s operating funds.

Accordingly, the representative F of G's representative director, in collusion with a selling company by using a hub in which the system of corporate purchase loan depends only on the tax invoice issued by the selling company in the course of a series of processes, such as issuance of the Plaintiff's letter of guarantee and lending by financial institutions, etc., and the actual transaction of the purchase fund is not confirmed, etc., and as if there is an actual purchase, a false tax invoice, etc. is planned to settle the outstanding amount out of the loan to the selling company, and he/she issues and delivers a bill of exchange with G as the payer, and receives a corporate purchase loan by having the selling company apply for collection request and loan to the financial institution along with the above tax invoice, etc.