A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[Basic Facts] The Credit Guarantee Fund established under the Credit Guarantee Fund Act provides for the Fund (the Government and financial institutions as the basic fund) to guarantee the liabilities of enterprises which lack security capacity by making it smooth financing of enterprises, and to contribute to the balanced development of the national economy by establishing a sound credit order through efficient management and operation of credit information (a quasi-government agency).

The Korea Credit Guarantee Fund operates a B2B guarantee system in order to revitalize electronic commerce and enhance corporate transparency by removing the uncertainty of recovery of non-faced transactions conducted on the online market. The B2B guarantee system is operated in the form of corporate purchase fund loans based on actual commercial transactions. The regulations on the Bank of Korea's financial institutions dealing with corporate purchase fund loans provide that a financial institution can confirm that the loan is a loan related to the settlement of purchase price of goods and services based on documents such as tax invoice when it handles corporate purchase fund loans.

[Fact-finding] On November 21, 2013, the Defendant was sentenced to two years of imprisonment by the Seoul High Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment became final and conclusive on November 29, 2013. From January 1, 1990 to December 12, 201, the Defendant operated D Co., Ltd in Chungcheongnam-gun, Chungcheongnam-gun, Seoul High Court.

[2] The Defendant abused the electronic commerce guarantee and loan system in order to demand the repayment of the outstanding amount from the e-commerce Co., Ltd. (hereinafter “e-commerce”) which is the business partner, thereby abusing the electronic commerce guarantee and loan system. The fact is as if there was no purchase of goods from the e-commerce.