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(영문) 서울서부지방법원 2016.05.18 2015고합239
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[criminal record] On September 24, 2015, the Defendant was sentenced to one year and four months of imprisonment and two years of suspended execution, and the judgment on October 2, 2015 became final and conclusive on September 2, 2015, due to the violation of the Labor Standards Act and the violation of the Labor Standards Act and the Guarantee of Workers’ Retirement Benefits Act.

[2] The Credit Guarantee Fund established under the Credit Guarantee Fund Act provides a fund (which is the basic fund of the government and financial companies) to guarantee the liabilities of enterprises which lack security capacity by making it smooth financing of enterprises, and to contribute to the balanced development of the national economy by establishing a sound credit order through efficient management and operation of credit information (a quasi-government agency), and guarantees the transaction of approximately KRW 39.20 billion at national small and medium enterprises.

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

BB Guarantee System is operated in the form of corporate purchase fund loans based on actual commercial transactions. This is to enter electronic purchase contracts into an online market (MP) by a purchasing company (purchase company) which wishes to borrow a corporate purchase fund into an online market, and when a mutual transaction is concluded by submitting an electronic sales contract to the goods selling company (seller), MP transfers the transaction information to the Korea Credit Guarantee Fund's stores and the Korea Credit Guarantee Fund re-transfer the same to the bank.

Since then the bank shall directly remit the loan to the account of the selling company (sales company) within the limit guaranteed by the Korea Credit Guarantee Fund, and the purchasing company (purchase company) shall operate the commodity within six months in the form of paying the commodity price to the bank.

On the other hand, the Bank of Korea's regulations dealing with corporate purchase fund loans are required.

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