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(영문) 대구지방법원 2018.05.04 2018고합19
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A Imprisonment with prison labor for a year and six months, and for a defendant B, for two years, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

Defendant

A The representative director of C (hereinafter referred to as “C”) for automobile rubber parts manufacturing business, and Defendant B is the representative director of D (hereinafter referred to as “D”) for automobile parts manufacturing business, and E is the representative director of F (hereinafter referred to as “F”) for automobile parts manufacturing business.

A loan against security of credit accounts by electronic means is a normal business activity that conforms to the business purpose of an enterprise with which a financial institution has issued a business registration certificate, and is paid by an enterprise that sells goods and services by applying for a loan from the purchasing enterprise as collateral, and all procedures, such as application for a loan, confirmation of sales details, and execution of a loan to a purchasing enterprise at the expiration of the loan, are conducted by computer, etc. using electronic means, and a purchasing and selling enterprise that uses settlement credit as a means of payment for commercial transactions shall use settlement credit within the scope of the amount of the credit sales credit claims actually occurred after commercial transactions, and shall not use settlement credit for the purpose of merely financing funds without actual commercial transactions.

1. The Defendants’ joint crime (2018 Gohap 19,26) committed the Defendants’ joint crime (2018 Gohap 19,26) as a selling enterprise with Defendant A, etc., whose operating funds are insufficient, and as a purchasing enterprise, Defendant B was a purchasing enterprise with D’s false request for a loan against security of credit sales claims in an electronic form to lend funds.

Therefore, Defendant B contact Defendant A, the representative director of C through G, the vice head of D around July 2013, and the fact is that C supplied vehicle rubber parts to D, notwithstanding the fact that C had not supplied the vehicle rubber parts to D, Defendant B provided credit sales credit loans to financial institutions by offering the aforementioned electronic bonds as security in D, where C issued false electronic bonds with respect to C.

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