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(영문) 창원지방법원 2013.11.14 2013고합227
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[former Fact] The Korea Technology Credit Guarantee Fund is a non-profit special corporation established pursuant to the Korea Technology Credit Guarantee Fund Act to ensure the smooth financing of enterprises by guaranteeing the liabilities of enterprises which lack security capacity with government contributions, etc., and the financing system for corporate purchase funds is a lending system in which a purchasing enterprise purchases goods, etc. from a delivery enterprise for the purpose of relaxing the financial difficulties of a delivery enterprise by reducing the payment risk of a delivery enterprise due to credit transaction pursuant to the government's policies to improve the payment system of bills, the financial institution guaranteed by the Korea Technology Credit Guarantee Fund shall pay the sales proceeds to the delivery enterprise immediately on the basis of

If a purchasing enterprise applies for a loan of funds for purchase, the Korea Technology Credit Guarantee Fund shall determine the ratio of the purchase of the company, the other party to the purchase, and the credit assessment, etc., guarantee 80% to 85% of the limit, and the Korea Technology Credit Guarantee Fund shall be responsible for the vicarious repayment of the funds within the scope of the non-payment of the loan, and the remaining 15% to 20% is responsible for the relevant lending financial institution.

【Criminal Facts】

Around February 25, 2002, the Defendant: (a) had been issued with a guarantee of corporate purchase fund of KRW 680,000,000 of the guaranteed principal in the name of “D” at the closing point of the Korea Credit Guarantee Fund in the name of “D; (b) had entered into an agreement on loans for corporate purchase at the Korean bank (former Han Light Bank) branch; and (c) had submitted it to the Korean bank (former Han Light Bank) branch in September 24, 2007 on the condition that the said loan agreement was extended to September 24, 2007.

The Defendant, at around 2006, did not purchase any actual goods when the operating funds of the “D” are insufficient.

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