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(영문) 창원지방법원 2014.04.01 2013고합234

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[Corporate Purchase Funds Loan System] The Korea Technology Credit Guarantee Fund is a non-profit special corporation established under the Korea Technology Credit Guarantee Fund Act to ensure the smooth financing of enterprises by guaranteeing the liabilities of enterprises which lack security capacity with government contributions, etc., and the corporate purchase funds loan system is a loan system in which a purchasing enterprise purchases 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 pursuant to the government's policies to improve the bill system, the financial institution guaranteed by the Korea Technology Credit Guarantee Fund shall pay the sales proceeds to the delivery enterprise immediately on the basis of documentary

When a purchasing enterprise applies for a loan for purchasing funds, the Korea Technology Credit Guarantee Fund shall determine the ratio of the purchase of the company, the other party to the purchase, and the credit assessment, etc., guarantee 80% to 85% of the limit, and the Korea Technology Credit Guarantee Fund shall be liable for the payment of the funds by using the public funds within its scope, and the remaining 15% to 20% is responsible for the relevant lending financial institution.

【Criminal Facts】

From around 1990 to early 2009, the Defendant operated D Co., Ltd. (hereinafter “D”) at the window of Changwon-si, Inc. (hereinafter “D”), around October 18, 2007, issued a guarantee of business purchase funds of KRW 565,00,00 (credit ratio of KRW 85,000,000) in the name of D at the Mapo Industrial Business Office of the Korea Technology Finance Corporation (the guaranteed amount of KRW 48,025,00) in the name of D, and entered into an agreement on the loan of business purchase funds by submitting it to the victim company Dongsan Branch of the Korea Technology Finance Corporation (hereinafter “victim bank”).

The facts between the Defendant and the Representative F of the Co., Ltd. E (hereinafter “E”) that was traded with D during November 2007 with the Defendant in November 2007 are goods in E.