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1. The Defendants jointly share KRW 195,199,408 with respect to the Plaintiff and 5% per annum from February 9, 2018 to November 9, 2018.
Reasons
1. Basic facts
A. On January 16, 2015, the Plaintiff entered into an insurance contract for loan of the previous monthly loan between the insurance period from January 13, 2015 to January 12, 2017 with Han Bank Co., Ltd. (hereinafter “ Han Bank”), including the content that the Plaintiff would incur losses after lending the entire monthly loan, and then compensate for losses.
B. The Defendants conspired to prepare a false lease agreement as if Defendant C leased the D Apartment 101 and 301 (hereinafter “the apartment of this case”) owned by Defendant C in the name of Defendant B (hereinafter “the apartment of this case”) and agreed to use the leased money from the bank as if Defendant B leased it to Defendant A. Upon Defendant C’s instruction, Defendant B and Defendant C entered into a false lease agreement as if Defendant C entered into a lease agreement with a deposit amount of KRW 230 million on November 24, 2014, and received KRW 23 million on the same day as the down payment, and Defendant A would receive KRW 23 million on the same day. On December 31, 2014, Defendant A would receive KRW 253,000,000 from the old bank’s branch of Han-ri Bank with the above false lease agreement and receipts, and would receive money from Defendant B in the name of 130,015,000 won on the same day.
C. The prosecutor is the defendants' above.
On the charge of deceptionation, etc., the Korean Government District Court 2017Da372, 904, 2685 (combined) was prosecuted on the charge of fraud, and the court was above December 19, 2017.
The court of appeal (the District Court 1018No131, 2017No2914) reversed the first instance judgment and sentenced the defendant C to four years of imprisonment with prison labor, one year and four months of imprisonment with prison labor for the defendant A, and one year and six months of imprisonment with prison labor for the defendant B, and the defendants appealed against this.