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(영문) 서울서부지방법원 2015.12.30 2015고단2460
사기
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 7,000,000.

The Defendants respectively.

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.

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 price of goods within six months to the bank.

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 it handles corporate purchase financing loan and the tax invoice under the Value-Added Tax Act.

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