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(영문) 창원지방법원 2016.04.12 2016고단427
사기등
Text

Defendant

A Imprisonment of one year and six months, and Defendant B shall be punished by a fine of 5,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

The Korea Credit Guarantee Fund is a non-profit special corporation ( quasi-government agency) established under the Technology Credit Guarantee Fund Act in order to guarantee the liabilities of enterprises which lack security capacity with government contributions, etc. to facilitate financing to enterprises. The E-Commerce (B2B) loan system is a system established for the purpose of reducing the financial difficulties of selling enterprises by reducing the risk of sales enterprises due to credit transactions in accordance with the government's policies to improve the bill system. If a purchasing enterprise purchases goods, etc. from a purchasing enterprise (sub-agency) by the Korea Technology Credit Guarantee Fund or a financial institution which has received a guarantee from the Korea Technology Credit Guarantee Fund or the Korea Credit Guarantee Fund, on the basis of transaction documents, such as tax invoices received through an electronic commerce brokerage within the lending limit under this guarantee certificate, and a purchasing enterprise is a loan system in which a purchasing enterprise redeems them to financial institutions.

The system of loans for corporate purchase funds where a purchasing enterprise applies for a loan to a financial institution, a credit guarantee institution, such as the Korea Credit Guarantee Fund, shall set a limit on loans to the financial institution through credit assessment, etc. for the company, guarantee 80% to 85% of the limit, and if a purchasing enterprise fails to repay a loan to a financial institution, a credit guarantee institution shall make a subrogated repayment using public funds within the scope of the guarantee and the remaining 15% to 20% is responsible for the financial institution.

Defendant

A around March 201, when D's operating funds of D are insufficient, around March 201, when D's representative manufacturing shipbuilding machinery, etc., A obtained a loan guarantee amount of 200 million won from the Credit Guarantee Fund in the name of D's name and entered into an agreement on loans for corporate purchase funds by submitting it to the branch office of the Chang-si Mapo-si, Changwon-si, Changwon-si and 18, the victim Gyeongnam, who is in the 18th Dong-si

(a) continue to exist;

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