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1. Of the judgment of the court of first instance, the plaintiff against the conjunctive claim amounting to order payment below.
Reasons
1. Basic facts
A. C and H had been willing to operate apartment implementation projects in the Young-si E Group on the racing, but there was no financial institution that did not have any money at all and did not intend to provide loans, and did not secure the consent of the prop.
C and H offered to obtain a loan from a financial institution that has already promised to obtain a loan from a financial institution that has already been promised with 100% of the props consent if only the investment cost of the project for chiping, as the case where the Plaintiff may receive a loan from a financial institution that has already been promised.
C On March 20, 2006, the Plaintiff made a false statement to the effect that “The 30 million won loan will be made in the Seoul Special Metropolitan City financial zone,” and it received from the Plaintiff KRW 30 million as the loan deposit in the name of the national bank account in the name of C. From March 30, 2006 to May 30, 2006, the Plaintiff received KRW 575 million in total as the loan deposit in the name of C as the national bank account in the name of C. On May 2, 2006. On May 32, 2006, the Plaintiff paid KRW 230,000,000 as the down payment, and received KRW 60,000,000 from the national bank as the loan account of D (hereinafter “D”) on May 30, 2006.
(hereinafter referred to as “related criminal facts”. B.
D is a corporation established by C, H, and J in order to carry on the apartment project at the first E level of the above racing, and the defendant was paid KRW 20 million as a prop work cost after being requested from D on May 2006.
On the other hand, the defendant borrowed KRW 100 million from D on July 14, 2006.
C. D’s apartment execution project failed.
C was found to be located around June 2007 and around 2010, and the Busan District Court's East District Court sentenced C to the crime of related criminal case on June 10, 201, etc. for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).