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1. The Plaintiff:
A. As to KRW 33,628,154 and KRW 32,263,893 among the Defendants A, Defendant A, from November 13, 2012 to November 30, 2012.
Reasons
1. Facts of recognition;
A. On May 14, 2010, Defendant A prepared a lease contract (a evidence No. 7; hereinafter “instant lease contract”) that sets the lease deposit amount of KRW 58 million and the lease term from March 19, 2010 to March 18, 2012 with respect to Defendant B and Defendant B, and the Nam-gu Incheon Metropolitan City C and 3 Dong 201 (hereinafter “instant housing”) owned by Defendant B, and submitted the instant lease contract to Korea Bank (hereinafter “Korea Bank”) to obtain a fixed date on the instant lease contract.
B. On April 7, 2010, our bank, which was entrusted by the Plaintiff with a housing finance credit guarantee business, concluded a housing finance credit guarantee agreement with the Plaintiff, setting the guaranteed principal amount of KRW 36 million, and the term of guarantee up to April 9, 2012, in order to secure a loan for a lease on a deposit basis against Defendant A and Defendant A, and issued a housing finance credit guarantee agreement.
C. On April 7, 2010, our bank lent a loan of KRW 40 million to Defendant A as security the said house credit guarantee certificate to Defendant A, and immediately remitted the said loan to Defendant B’s bank account under the name of Defendant A’s lease deposit.
Since then, as Defendant A lost the benefit of the time limit for the above loans, the Bank sought to discharge the guaranteed obligation under the above Housing Finance Credit Guarantee Agreement to the Plaintiff, and accordingly, the Plaintiff paid KRW 37,822,680 to the Bank on November 12, 2012 (=the guaranteed principal amount of KRW 36 million).
E. However, the application for the loan of the deposit money of this case was made with the intent of deceiving the lending institution by the Defendants (hereinafter “illegal act of this case”), and Defendant A, in collusion with Defendant B on May 14, 2014, by submitting a false lease agreement, etc. on the instant house, shall be punished by imprisonment for fraud.