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(영문) 서울서부지방법원 2016.04.27 2015고합177
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Credit Guarantee Fund established under the Credit Guarantee Fund Act (the contributions of the government and financial institutions as the basic fund) guarantees the liabilities of enterprises which lack security capacity by causing them to guarantee the liabilities of enterprises which lack security capacity, 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 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.

Defendant

A is the representative director of the G LA which is established for the purpose of wholesale retail, etc. of petroleum located in Gyeyang-gu Incheon Metropolitan City F.

Defendant

A on November 23, 2010, from the Credit Guarantee Fund located in Mapo-gu Seoul 254-5 on November 23, 2010, the credit guarantee amount of KRW 1,560,000 (B2B purchase funds), the loan amount of KRW 1,560,000, the guaranteed amount of KRW 1,326,00,000 (85% of the guaranteed amount).

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