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(영문) 대구지방법원 2017.08.10 2017고단1834
사기
Text

Defendant

A Imprisonment with prison labor of two years and six months, each of the defendants B, C, and D shall be punished by imprisonment with prison labor of six months, and defendant E by imprisonment with prison labor of ten months.

Reasons

Punishment of the crime

Defendant A is the representative director of G Co., Ltd.

Defendant

B is the representative director of H Co., Ltd.

Defendant

C is a person who operates the “I” of an individual company.

Defendant

D is a person operating a personal company ‘J'.

Defendant

E is the representative director of K corporation.

On November 9, 2010, Defendant E was sentenced to a suspended sentence of one year for a violation of the Commercial Act at the Seoul Central District Court, and the judgment became final and conclusive on November 17, 2010.

Criminal facts

The Credit Guarantee Fund (hereinafter referred to as the “Credit Guarantee Fund”) established under the Credit Guarantee Fund Act or the Technology Credit Guarantee Fund Act (hereinafter referred to as the “Credit Guarantee Fund”) is a non-profit special corporation (a quasi-government agency) with the aim of contributing to the balanced development of the national economy by guaranteeing the liabilities of enterprises which lack security capacity by providing funds for the Fund (which shall be the basic fund of the government and financial institutions), and facilitating corporate financing by facilitating corporate financing. A corporate purchase fund loan system is a system that mitigates the supplier’s financial difficulties by reducing the risk of the supplier’s approval due to the credit transaction. In the event a purchasing enterprise purchases goods, etc. from a delivery enterprise, the financial institution that received the credit guarantee fund’s guarantee is immediately paid the purchase price to the delivery enterprise, and the purchasing enterprise is

The Korea Credit Guarantee Fund shall, when a purchasing enterprise files an application for a loan for purchasing funds, set a limit on loans through the ratio of the company's purchase of the goods, the other party to the purchase, credit assessment, etc., guarantee 80-95% of the said limit, and the Korea Credit Guarantee Fund shall be liable for the subrogated repayment of the funds within the scope of the outstanding loan. As such, the requirements for a loan guaranteed by the Korea Credit Guarantee Fund that operates as a public fund under a guarantee contract with a purchasing enterprise shall be between the purchasing enterprise

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