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(영문) 대구지방법원 서부지원 2016.09.29 2016고합113
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Credit Guarantee Fund shall be a non-profit special corporation with the aim of contributing to the balanced development of the national economy by facilitating financing of enterprises by causing the Fund to guarantee the obligations of enterprises which lack security capacity by establishing the Fund based on the contributions of the Government and financial institutions, and by establishing sound credit order through efficient management and operation of credit information.

The corporate purchase fund loan system is a system that reduces the risk of settlement of the delivery company due to credit transaction in accordance with the government's policy to improve the bill system, and it is intended for all companies except for the companies belonging to the 30th main debt department. If the purchasing company purchases the goods, etc. from the delivery company, the financial institution that received the guarantee from the Korea Credit Guarantee Fund immediately pays the purchase price to the delivery company and the purchasing company redeems it to the financial institution after it.

When a purchasing enterprise files an application for a loan for purchasing funds, the Korea Credit Guarantee Fund shall set the limit on loans for purchasing funds through the ratio of the company's purchase of goods, the other party to the purchase, credit assessment, etc., guarantee 80 to 85% of the limit, and the Korea Credit Guarantee Fund shall be responsible for the repayment of the loan within the scope of the non-payment of the loan, and the remaining 15 to 20% shall be responsible for the financial

The defendant is the representative director of the D Co., Ltd. established for the purpose of the steel reinforced concrete construction business in Daegu Suwon-gu C.

On October 21, 2008, the Defendant issued a credit guarantee certificate of 300 million won and 80% of the credit guarantee amount in the name of D Co., Ltd. at the Daegu-gu branch of the Credit Guarantee Fund located in 4, 469-3, Daegu-gu, Daegu-gu, and entered into an agreement on the loan of corporate purchase funds by submitting it to the head office of the Daegu-gu Bank located in 2310 as the Daegu-gu may be punished by the Daegu Suwon-gu.

Defendant entered into a loan agreement for corporate purchase funds as above.

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