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(영문) 서울서부지방법원 2016.01.27 2015고합228
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A, B, and C shall be punished by imprisonment with prison labor for one year and six months, and by imprisonment with prison labor for two years.

except that this judgment.

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.

B2B Guarantee System is operated in the form of corporate purchase financing loans on the basis of real commercial transactions.

In other words, if a purchaser company (user) enters an electronic purchase contract into an online market (MP) and a seller (seller) submits an electronic sales contract and concludes a mutual transaction, MP will send the transaction information to the Korea Credit Guarantee Fund's stores and the Korea Credit Guarantee Fund will send it again to the bank.

Since then, the bank shall transfer 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 pay the commodity price within the period of six months or one year to the bank.

On the other hand, the Bank of Korea's regulations to deal with corporate purchase financing loans provide that if a financial institution deals with corporate purchase financing, it can confirm that the loan is a loan related to the settlement of the purchase price of goods and services on the basis of the business registration certificate of the purchasing company and the sales company and the purchase-related documents, such as tax invoice

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