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(영문) 서울서부지방법원 2016.09.07 2016고합49
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of one year and six months.

However, as to Defendant A, the same shall apply.

Reasons

Punishment of the crime

1. The Credit Guarantee Fund established under the Credit Guarantee Fund Act on the Outline of the B2B Purchase Funds guarantee the obligations of enterprises which lack security capacity by establishing the Fund (the Government and financial institutions as the basic fund) and causing such enterprises to guarantee the obligations of enterprises which lack security capacity, and facilitate the financing of enterprises, and contribute to the balanced development of the national economy by establishing sound credit order through the efficient management and operation of credit information.

The Credit Guarantee Fund is operating the B2B guarantee system in order to revitalize electronic commerce and enhance corporate transparency by removing the uncertainty of recovery of non-faced transactions made online.

BB Guarantee System of Electronic Commerce is operated in the form of loans for corporate purchase based on actual commercial transactions, which enters electronic purchase contract into an online market (MP) by a purchasing company that wishes to borrow a loan for corporate purchase, and a goods selling company (seller) submits an electronic sales contract and concludes a mutual transaction, MP will send the transaction information to the Korea Credit Guarantee Fund's stores, and the Korea Credit Guarantee Fund will send it again to the bank.

Since then the bank shall transfer the loan directly to the account of a seller of goods (seller) within the limit guaranteed by the Korea Credit Guarantee Fund, and the buyer of goods (seller) shall operate in the form of repaying the amount of goods within the period of six months to one year.

2. The Defendants’ identity is the representative director of (ju) H established for the purpose of tourist hotel business in Daegu Seo-gu G, and Defendant B is the person who is engaged in personal business in the name of J company from Daegu Seo-gu I to J company.

3. Criminal Defendant A is guilty of the crime at Mapo-gu Seoul on June 1, 2009.

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