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(영문) 서울서부지방법원 2014.11.14 2014고합215

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant was the representative director of the C Co., Ltd., the main business of which is civil engineering works.

Upon the lack of funds of C&C, the Defendant issued a credit guarantee certificate for corporate purchase fund loans from the victim’s Credit Guarantee Fund to guarantee the obligation when a small and medium enterprise purchases goods and services through ordinary business activities consistent with its business objectives, and used it to use the loan for other purposes, such as settlement of the price of bills.

1. On March 31, 2009, the Defendant applied for the issuance of a credit guarantee certificate for a corporate purchase fund loan at the office of the Korea Credit Guarantee Fund's top-down office located in the 1165-7 story-ro, Yongsan-gu, Yongsan-gu, Incheon Metropolitan City (the port, port, Dongyang Lifelong Building).

However, even if the Defendant received a credit guarantee from the victim, it was thought that the Defendant would use the loan for the purpose of the settlement of the bill price, employee's pay, employee's wage, and payment of other clients, which is not the purchase fund of materials or equipment.

Nevertheless, the Defendant, by deceiving the victim as above, issued a credit guarantee letter for corporate purchase financing amounting to 850,000,000 won guaranteed by the victim. The Defendant offered it as security to our bank, and filed a false tax invoice as if he purchased materials or equipment from the customer, and did not repay it even until February 7, 2013, despite having received a total of 959,992,000 won of corporate purchase financing, and it was deemed that the Defendant received a loan for corporate purchase financing by presenting the false tax invoice, etc. submitted by the Defendant via the above Korean bank to the victim for the purpose of purchase financing.