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(영문) 인천지방법원 2016.07.14 2016고합314
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Credit Guarantee Fund established under the Credit Guarantee Fund Act on the Basis of Fact-Findings is a non-profit special corporation (a quasi-government agency) with the aim of facilitating corporate financing and contributing to the balanced development of the national economy by establishing a sound credit order through the efficient management and operation of credit information by making the Fund (referring to the Government and financial institutions as the basic fund) guarantee the liabilities of enterprises which lack security solvency;

The Credit Guarantee Fund is operating the B2B (B2B) Electronic Commerce Guarantee System to revitalize electronic commerce and enhance transparency in corporate financial transactions by removing the uncertainty of recovery of proceeds from non-face-to-face transactions conducted on-line.

“B2B E-Commerce Guarantee System” is operated in the form of a corporate purchase financing loan based on actual commercial transactions.

In other words, if a purchaser of goods(purchase) and a seller(seller) wish to obtain a corporate purchase fund loan enter transaction information such as a tax invoice into the website of a broker (e-MP) established on the Internet under the guarantee of the Korea Credit Guarantee Fund, the transaction information will be submitted to the bank through the franchise and retail of the Korea Credit Guarantee Fund.

If so, the bank directly transfers the loan to the account of the selling company (sales company) within the limit guaranteed by the Credit Guarantee Fund, and the buying company (purchase company) shall pay the goods to the bank within the period of six months to one year.

2. Criminal facts are persons who were the representative director of F Co., Ltd. established for the purpose of selling construction materials in Jung-gu Seoul Metropolitan Government E (hereinafter “F”), and Defendant B is a person who sells construction materials in the name of H located in Seoul Jung-gu.

Defendant

A around May 30, 2008, a loan amount of KRW 800,000,000 from the Credit Guarantee Fund in the name of F and KRW 688,00,000.

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