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(영문) 서울서부지방법원 2016.02.17 2015고합215
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

The Credit Guarantee Fund established under the Credit Guarantee Fund Act (the contributions of the government and financial institutions 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 Credit Guarantee Fund is operating a B2B guarantee system to revitalize electronic commerce and enhance corporate transparency by removing the uncertainty of recovery of non-faced transactions made on the online market.

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

In other words, if a purchaser company (user) enters an electronic purchase contract into an online market (MP) and a seller (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 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 pay the commodity price within the period of six months or one year to the bank.

Defendant

A is the representative director of F Co., Ltd. (hereinafter referred to as “F”) established for the purpose of construction business, dredging work, etc. among the divings and water in Sungnam-si E and E, S Dong 911, and Defendant B is the representative director of H Co., Ltd. (hereinafter referred to as “H”) established for the purpose of manufacturing vessel components in Jung-gu, Incheon.

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