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(영문) 창원지방법원 2013.10.24 2013고합237
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Criminal facts

【The Credit Guarantee Fund is a non-profit special corporation established under the Credit Guarantee Fund Act to guarantee the debt of an enterprise which lacks security capacity with government contributions, etc. and facilitate financing for the enterprise. The loan system for corporate purchase funds is a loan system in which a purchasing enterprise purchases the goods, etc. from a delivery enterprise for the purpose of easing the financial difficulties of a delivery enterprise by reducing the payment risk of a delivery enterprise due to credit transaction in accordance with the Government’s policies to improve the payment system of bills, the financial institution that received the guarantee of the Credit Guarantee Fund shall pay the sales proceeds to the delivery enterprise immediately on the basis of transaction evidentiary documents, and the purchasing enterprise

In the event that a purchasing enterprise applies for a loan for purchasing funds, the Korea Credit Guarantee Fund shall determine the ratio of the purchase price of the enterprise, the other party to the purchase, and the credit assessment, etc., guarantee 80% to 85% of the limit, and the Korea Credit Guarantee Fund shall be liable for the payment of the loan within the scope of the non-payment of the loan, and the remainder of 15% to 20% is responsible for the relevant lending financial institution.

【Criminal Facts】 The Defendant is a person who served as the representative director of D, a corporation with the purpose of manufacturing Aluminium joints in Aluminium in Kimhae-si.

around February 27, 2002, the Defendant issued at the Korea Credit Guarantee Fund Kim Sea Branch in the second floor of Samsung Bio-building 615-4, 2002, a loan guarantee of KRW 422,450,00,00 of the loan limit of KRW 422,450,00 to the principal debtor of the Samsung Bio-building Co. D, and around that time, submitted this to the Bank Kim termination point and made an agreement on the loans for corporate purchase, and issued a guarantee of the guarantee of corporate purchase funds from the Korea Credit Guarantee Fund from around that time until July 19, 2005.

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