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(영문) 서울서부지방법원 2015.12.04 2015고합213
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

The Credit Guarantee Fund established under the Credit Guarantee Fund Act (the Government and financial institutions as the basic fund) will guarantee the obligations of enterprises which lack security capacity by establishing the Fund, thereby facilitating the financing of enterprises and contributing to the balanced development of the national economy by establishing sound credit order through 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 is operated in the form of financing for corporate purchase based on actual commercial transactions, which is operated in the form of financing for corporate purchase. This is to enter electronic purchase contracts into an online market (MP) by a purchaser of goods who wishes to lend funds for corporate purchase into an online market, and when a mutual transaction is concluded by submitting an electronic sales contract and submitting an electronic sales contract, MP will send the above transaction information to the Credit Guarantee Fund, the Credit Guarantee Fund will send it again to the bank, and the Credit Guarantee Fund will transfer the loan directly to the account of the goods seller (seller) within the limit guaranteed by the Credit Guarantee Fund, and the goods purchaser (seller) will operate in the form of paying the amount of goods within six months to the bank.

On the other hand, the Bank of Korea's regulations dealing with corporate purchase financing loan provide that financial institutions can confirm that the loan is related to the settlement of the purchase price of goods and services on the basis of the business registration certificate of purchasing companies and sales companies when dealing with corporate purchase financing loan and the tax invoice under the Value-Added Tax Act.

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