특정경제범죄가중처벌등에관한법률위반(사기)
The prosecutor's appeal is dismissed.
The charges of this case, the judgment of the court below, and the gist of the grounds for appeal are as follows: (a) the Korea Credit Guarantee Fund is operating a B2B guarantee system to revitalize electronic commerce and enhance corporate transparency by removing uncertainty of recovery of non-faced transactions conducted online.
BB Guarantee System of Electronic Commerce is operated in the form of loans for corporate purchase based on actual commercial transactions, which enters electronic purchase contract into an online market (MP) by a purchasing company that wishes to borrow a loan for corporate purchase, and a goods selling company (seller) submits an electronic sales contract and concludes a mutual transaction, MP will send the transaction information to the Korea Credit Guarantee Fund's stores, and the Korea Credit Guarantee Fund will send it again to the bank.
Since then the bank shall transfer the loan directly to the account of a seller of goods (seller) within the limit guaranteed by the Korea Credit Guarantee Fund, and the buyer of goods (seller) shall operate in the form of repaying the amount of goods within the period of six months to one year.
The defendant is a L's representative established for the purpose of meat processing business, etc. in South-gu K at port.
around May 2012, the Defendant abused the aforementioned B2B BB guarantee and loan system, along with I, which requires repayment such as the existing B2B loan and company operation funds. The fact is that the Defendant would be pretending to submit a false sales contract to the online market (MP) in the form of electronic commerce without actual transaction with the trading counterpart, and that the J (hereinafter “J”) of I Management Co., Ltd. would purchase goods from L., Ltd. (hereinafter “J”) purchase goods, the Defendant would be entitled to loan from the victim by allowing the Korea Credit Guarantee Fund (Seoul Mapo-gu 254-5 at the time of Seoul Mapo-gu 254-5) to transfer transaction information to the Korea Credit Guarantee Fund and then receiving a refund from L.