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(영문) 창원지방법원 2013.11.29 2013고단2442
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Korea Technology Credit Guarantee Fund is a non-profit special corporation established under 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 system of loans for corporate purchase is a loan 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 in accordance with the government's policies to improve the bill system, the purchasing enterprise shall pay the sales proceeds to the delivery enterprise immediately on the basis of transaction evidentiary documents, and the purchasing enterprise shall redeem

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 enterprise, 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 liable for the payment of 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.

The defendant is a person who has worked as the representative director of C with the purpose of manufacturing road safety facilities in Kim Sea-si B.

On March 10, 2010, the Defendant issued a credit guarantee certificate of KRW 102,00,000 of the guaranteed amount to be guaranteed by C at the Korea Technology Credit Guarantee Fund (Korea Technology Credit Guarantee Fund) on the third floor of the 614-18 New Young-si, Seoul Special Metropolitan City, and submitted it to the Kim Jong-si branch of the Industrial Bank of Korea at that time, and entered into an agreement for the loan of corporate purchase funds.

The defendant has come to fall short of operating funds of the company due to the reduction of sales due to the depression of the company at the time, the default of the company, etc., and the representative director of the company who was engaged in ordinary transactions.

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