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(영문) 창원지방법원 2013.12.04 2013고단2438

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Credit Guarantee Fund is a non-profit special corporation established under the Credit Guarantee Fund Act to guarantee the debt of an enterprise which lacks security capacity with government contributions, etc. and facilitate financing for the enterprise. The loan system for corporate purchase funds is a loan system in which a purchasing enterprise purchases the goods, etc. from a delivery enterprise for the purpose of relaxing the financial difficulties of a delivery enterprise by reducing the settlement risk of a delivery enterprise due to credit transaction in accordance with the government's policies for improvement of the bill system, the financial institution that received the guarantee of the Credit Guarantee Fund shall pay the sales proceeds to the delivery enterprise immediately on the basis of transaction evidentiary documents,

In the event that a purchasing enterprise applies for a loan for purchasing funds, the Korea Credit Guarantee Fund shall determine the ratio of the purchase price of the enterprise, the other party to the purchase, and the credit assessment, etc., guarantee 80% to 85% of the limit, and the Korea Credit Guarantee Fund shall be liable for the payment of the loan within the scope of the non-payment of the loan, and the remainder of 15% to 20% is responsible for the relevant lending financial institution.

The defendant is a person who served as the representative director of C, a corporation that runs the non-ferrous metal processing business, etc. in Kim Sea-si B.

On April 24, 2008, the Defendant issued a credit guarantee certificate of KRW 170,00,000 of the guaranteed principal to C as the surety at the Credit Guarantee Fund Kim Sea Branch located in the second floor of Samsung Bio-building 615-14, Seowon-si, Kim Jong-si, Kim Jong-si, 2008, and submitted it to the Jin-young branch of the Kim Jong-si bank around the 30th day of the same month, and entered into an agreement for the loans

The defendant is a victim in order to use the company's operating funds as the company's operating conditions have deteriorated due to a decrease in sales due to a decrease in the supply of cut parts ordered by D, a main trading partner due to the depression of construction games at the time.