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(영문) 전주지방법원 남원지원 2016.01.28 2015고합28
폐기물관리법위반등
Text

Defendant

A Imprisonment for 2 years, Defendant B’s imprisonment for 6 months, Defendant C’s fine for 2,00,000 won, and Defendant D’s fine for 3.

Reasons

Punishment of the crime

1. Defendant A

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud of the Korea Credit Guarantee Fund) [Guarantee of Facility Funds by the Korea Credit Guarantee Fund established under the Credit Guarantee Fund Act] is a non-profit special corporation (a quasi-government agency) with the aim of guaranteeing the obligations of enterprises which lack security capacity by establishing a fund (the Government and financial institutions as basic funds) and facilitating corporate financing, thereby contributing to the development of the national economy.

The Korea Credit Guarantee Fund's guarantee for facility fund of the Korea Credit Guarantee Fund guarantees the above monetary obligation when a company obtains a loan from a financial institution for the acquisition of a commercial factory, a fixed enterprise's facilities, etc. for the expansion and establishment of various projects. The Korea Credit Guarantee Fund shall review the business entity's construction contract, design plan, facility acquisition contract, estimate, etc. and then guarantee 90% of the amount of the facility fund requested by the company, and the Korea Credit Guarantee Fund shall be liable for the subrogated repayment of the public fund within the scope of the guaranteed amount if the company fails to repay

[2] The Defendant is an actual operator of a limited company with limited liability for the purpose of the waste plastic recycling business, etc. in the Nam-siJ in Nam-si, Namwon-si.

In order to raise the construction cost and funds for purchasing machinery necessary for the construction of a new factory at the above address, the defendant applied for the loan of facility funds at the KEB Na Bank branch of KEB Bank, and received a guarantee from the victim Credit Guarantee Fund for the amount of money necessary for the actual use of the facility funds by abusing the above facility funds guarantee system and appropriating excessive construction cost and the purchase price of machinery by using the above facility funds guarantee system, and received the loan from one bank as collateral and received the loan from one bank and used it as operating expenses of plastic factories operated by the defendant.

The defendant on May 2013.

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