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(영문) 수원지방법원 성남지원 2017.11.29 2017고단589
사기
Text

[Defendant A] Defendant A is punished by imprisonment with prison labor for one year

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The corporate purchase fund loan system is a loan system in which a purchasing enterprise purchases goods, etc. from a selling enterprise for the purpose of relaxing the financial difficulties of the selling enterprise by reducing the risk of settlement due to credit transactions, the financial institution that received a guarantee from the Korea Credit Guarantee Fund shall immediately pay the price for the goods sold by the selling enterprise on the basis of the transaction documents, and the purchasing enterprise shall

1. Defendant A, from November 27, 2003 to March 31, 2012, committed the Defendants’ fraud, Defendant A operated the business of producing female clothes in Gyeonggi-si from around November 27, 2003 to March 31, 201, and Defendant B, from around August 21, 2002 to March 31, 2012, Defendant A operated the business of producing female clothes in the same city from around August 21, 2002 to around March 31, 2012, respectively.

The Defendants, using the fact that it is difficult for financial institutions to verify whether they have a real transaction between a selling enterprise and a purchasing enterprise, had access to the website of the business financing program (I), and had not supplied the goods to the State F. H (State). After supplying the goods, the Defendants attempted to prepare an electronic commerce contract as if they were issued a tax invoice, and to acquire them by receiving a corporate purchase fund loan.

A. On May 12, 201, Defendant A filed an application for a corporate purchase loan in the name of ( state) F, accompanied by an electronic commerce contract with the purport that “(State) FF purchased clothes equivalent to 60 million won from H on May 12, 201 (State) at the Victim Bank Gyeonggi-ro 208, Gyeonggi-do, Gwangju-ro, Gwangju-si, the 201 Gyeonggi-do,” with the content that “(State) F purchased clothes from H on May 12, 201.”

However, in fact, the defendants are not required to obtain corporate purchase loans because they do not actually engage in goods transactions, and at the time, (State)F has little sales performance and it is difficult to provide financial resources.

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