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(영문) 서울서부지방법원 2015.12.16 2015고합200

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Credit Guarantee Fund established under the Credit Guarantee Fund Act (the Government and financial institutions as the basic fund) guarantees the obligations of enterprises which lack security capacity by establishing the Fund, 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 Credit Guarantee Fund is operating the B2B guarantee system in order to revitalize electronic commerce and enhance corporate transparency by removing the uncertainty of recovery of non-faced transactions made online.

B2B Guarantee System is operated in the form of corporate purchase financing loans on the basis of real commercial transactions.

In other words, when the goods purchasing company (purchase company) wishing to obtain a loan for corporate purchase enters the electronic purchase contract into the online market (MP) and the goods selling company (seller) enters into a mutual transaction by submitting an electronic sales contract, MP transfers the information on the transaction to the Rowawa of the Korea Credit Guarantee Fund, and the Korea Credit Guarantee Fund re-transfer the information to the bank.

Since then, the bank shall directly transfer the loan to the account of the goods seller (seller) within the limit guaranteed by the Korea Credit Guarantee Fund, and the goods buyer (seller) shall pay to the bank the amount of the goods within the period of six months to one year.

On the other hand, the Bank of Korea's regulations dealing with corporate purchase financing loan provide that financial institutions can confirm that the loan is related to the settlement of the purchase price of goods and services on the basis of the business registration certificate of purchasing companies and sales companies when dealing with corporate purchase financing loan and the tax invoice under the Value-Added Tax Act.