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Defendant
A shall be punished by imprisonment with prison labor for a year and six months.
Defendant
B shall be innocent.
Reasons
Criminal History (Defendant A) The Credit Guarantee Fund is a non-profit special corporation established under the Technology Credit Guarantee Fund Act in order to facilitate financing for enterprises by guaranteeing the liabilities of enterprises which lack security capacity with government contributions, etc. with the financial resources. The E-Commerce (B2B) loan system is established to alleviate the financial difficulties of the selling enterprises by reducing the settlement risk of the selling enterprises due to credit transactions in accordance with the government's policies to improve the bill system. In the event that a purchasing enterprise purchases goods, etc. from a selling enterprise, the financial institution that received the guarantee of the Credit Guarantee Fund's payment of the purchase price is a loan system in which the purchasing enterprise redeems them to the financial institution on the basis of the transaction documents received through the electronic commerce brokerage within the lending limit under the above guarantee certificate.
If a purchasing enterprise applies for a loan of funds for purchasing raw materials to a financial institution, the lending limit shall be set by the same institution as the Korea Credit Guarantee Fund, guarantee 80-85% of the limit, and if a purchasing enterprise fails to repay a loan to a financial institution, the credit guarantee institution shall make a subrogated repayment using public funds within the scope of the guarantee and the remaining 15-20% of the loan amount shall be responsible for the financial institution.
Defendant
A is a person who operates D Co., Ltd., a meal service company in Nowon-gu in Seoul Special Metropolitan City. On May 19, 2010, the credit guarantee amount of KRW 500,000,000, the guaranteed amount of KRW 425,00,000 (85% of the guaranteed rate) was issued from the Credit Guarantee Fund, and entered into an agreement on May 20, 2010 with the point of Jungdong-dong branch of the Victim Co., Ltd. and the company financing amount of KRW 500,000.
Defendant
A has come to fall short of the Company Operation Fund, and the Company Purchase Fund loan system is real.