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(영문) 서울서부지방법원 2017.09.14 2015고합237
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A Imprisonment for three years, Defendant B and C shall be punished by imprisonment for one year and six months.

except that from the date of this judgment.

Reasons

Punishment of the crime

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

BB Guarantee System is operated in the form of corporate purchase fund loans based on actual commercial transactions, and goods purchasing companies (purchase companies) wishing to borrow corporate purchase funds enter an electronic purchase contract into the online market (MP) and goods selling companies (sellers) enter into a mutual transaction by submitting an electronic sales contract and send the above transaction information to the Korea Credit Guarantee Fund and the Korea Credit Guarantee Fund re-transfer this information to the bank.

Afterwards, banks shall directly remit loans to the account of companies selling goods within the limits guaranteed by the Credit Guarantee Fund and shall operate the purchasing companies in the form of paying funds to banks within six months to one year.

Defendant

A is the representative director of G for the purpose of packing organic container manufacturing, etc. in the Nam-gu, Nam-gu, Nam-gu, Seoul. Defendant B is the representative of G for the purpose of the paper stuff manufacturing, etc. in the Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-si, and Defendant C is the representative of K for the purpose of the machinery manufacturing, etc. in the Chungcheongnam-gu, Chungcheongnam-si.

Defendant

A on April 22, 2010, issued a credit guarantee agreement of KRW 2.1 billion (95%) from the Credit Guarantee Fund located in Mapo-gu Seoul, Mapo-gu, Seoul (254-5), the amount of loans, KRW 2.1 billion (2B purchase funds), the amount of security deposit of KRW 199,5 million (9.5%) from the Credit Guarantee Fund, and entered into an agreement of KRW 2.1 billion with the said bank at the location of the Han Bank, Gangnam-gu, Seoul, Han Bank. on the same day.

[2015 Gohap 237]

1. The Defendant: (a) was in need of repayment and company operation funds of the existing B2B; and (b) was abused electronic commerce guarantee and loan systems; and (c) there was no actual transaction.

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