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(영문) 서울중앙지방법원 2016.01.14 2015가단5063063

구상금 등 청구의 소

Text

1. The Plaintiff:

A. As to KRW 36,053,884 and KRW 35,760,070 among them, Defendant A shall have from September 8, 2011 to November 30, 2012.

Reasons

1. Facts of recognition;

A. C, D, Defendant A, and Defendant B’s joint criminal conduct committed an act in a normal manner on January 2010, 2010: (a) Defendant A, who is difficult to borrow a financial institution, made a false-use-related document and a false house charter agreement, and conspired to have the loaned and divided the lease fund.

C received a proposal from D to offer payment if it lends the business owner's name necessary to make documents related to employment, such as a certificate of employment necessary for the loan of full-time loans. D around that time, although there was no fact that Defendant A had worked as an employee in the corporation E, it prepared documents related to employment in which Defendant A was employed as an employee in the corporation E.

Defendant B consented to the proposal that the lessor of the false real estate lease contract will pay for the purchase of the apartment site, and Defendant B, Defendant A, and C drafted a false apartment lease contract with the term “Deposit 55 million won, lessor B, and lessee A” at the G Licensed Real Estate Agent Office located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon.

On January 2010, Defendant A, a person who was unaware of his name, had been employed in the Seoul Songpa-gu branch of the Jambadong, and had been issued a false employment-related documents and a charter contract to Defendant A, and Defendant A applied for a loan of 38,00,000 won to employees in charge of loaning the above bank name and applied for a loan of 38,00,000 won to employees in charge of loaning the house under the above charter contract. In fact, Defendant A submitted a charter contract, a document related to employment, etc., which was falsely prepared while acting in the company E as if he actually used the loan as a deposit for house lease, notwithstanding the absence of the intention to lease the house as stated in the above charter contract.

Defendant B prepared a letter of confirmation of the fact that the terms of the above lease contract were true to the non-party bank, and the non-party bank.