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(영문) 창원지방법원 마산지원 2015.11.04 2015고합69
특정경제범죄가중처벌등에관한법률위반(사기)
Text

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

Reasons

Punishment of the crime

The Korea Credit Guarantee Fund established under the Credit Guarantee Fund Act is a non-profit special corporation ( quasi-governmental institution) with the aim of contributing to the balanced development of the national economy by guaranteeing the liabilities of enterprises which lack security capacity by preparing the Fund (based on the Government and financial institutions) and facilitating the financing of enterprises. The corporate purchase financing loan system is a system that reduces the risk of financial difficulties of suppliers due to credit transactions and reduces the supplier's financial difficulties. If a purchasing enterprise purchases goods, etc. from a delivery enterprise, the financial institution which received the guarantee of the Korea Credit Guarantee Fund's payment of purchase price to the delivery enterprise immediately and then the purchasing enterprise

When a purchasing enterprise files an application for a loan for purchasing funds, the Korea Credit Guarantee Fund shall determine the limit of loan through the ratio of the purchase of the enterprise, the other party to the purchase, credit assessment, etc., guarantee 80 to 95% of the limit, and the Korea Credit Guarantee Fund shall be responsible for the payment of public funds within the scope

In order to obtain a purchase fund loan through the guarantee of the Korea Credit Guarantee Fund operated as public funds, the actual transaction between the purchasing enterprise and the selling enterprise should be made, and the loan should be paid directly to the other party (sales enterprise) on the basis of the obligation of the purchasing enterprise to pay the purchase fund.

Therefore, in a case where individual payment methods are determined for the payment of the purchase price, such as applying for the purchase fund without actual transactions or issuing promissory notes to the buyer, etc. for the purchase price, it is not possible to receive a loan for the purchase fund due to

The defendant is a person who has operated D with the purpose of selling cosmetics in Changwon-si, Mapo-si, Mgu, Seoul.

The defendant around February 28, 2008 28.28 Korea Credit Guarantee Fund, Changwon-si, Changwon-si, Changwon-si.

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