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(영문) 서울서부지방법원 2016.04.20 2015고합259

특정경제범죄가중처벌등에관한법률위반(사기)

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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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Credit Guarantee Fund established under the Credit Guarantee Fund Act (the Government and financial institutions' contributions as the basic fund) guarantees the liabilities of enterprises which lack security capacity by causing them to guarantee the liabilities of enterprises which lack security capacity, thereby facilitating the financing of enterprises and contributing to the balanced development of the national economy by establishing sound credit order through efficient management and operation of credit information.

The Korea Credit Guarantee Fund is operating a B2B guarantee system in order to revitalize electronic commerce and enhance corporate transparency in financial transactions by removing the uncertainty of recovery of non-faced transactions conducted on the online market, when a selling company files an application for the payment of the price to a financial institution, along with a tax invoice verifying the actual commercial transactions between a purchasing enterprise and a selling enterprise, by guaranteeing a financial institution to pay the price to a purchasing enterprise in the form of lending to a purchasing enterprise.

BB Guarantee System of Electronic Commerce is operated in the form of a corporate financing loan based on actual commercial transactions, which enters electronic purchase contract into an online market (MP) by a company that wishes to obtain a corporate financing loan, and an online market (MP) will send the above transaction information to the Korea Credit Guarantee Fund when a mutual transaction is concluded by submitting an electronic sales contract. The Korea Credit Guarantee Fund will send it again to the bank.

Since then the bank shall directly remit the loan to the account of the selling company (sales company) within the limit guaranteed by the Korea Credit Guarantee Fund, and the purchasing company (purchase company) shall operate the commodity within six months in the form of paying the commodity price to the bank.

On the other hand, however,