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(영문) 서울중앙지방법원 2020.10.20 2018나11021
대여금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. The facts as follows: (a) the judgment of conviction was rendered by C ( False Lease), D (False Lease), and E (Good Broker) for the following facts constituting a crime; and (b) all of the said judgments became final and conclusive (Korean District Court Decision 2016Da370, Jinbu District Court Decision 2016Da3883, Jinbu District Court Decision 2016Da3883) are deemed to have been comprehensively taken account of the overall purport of the pleadings in each of the items in subparagraphs 9-1, 2,

On March 2014, F et al. prepared a false document necessary to obtain a housing lease loan, such as a certificate of employment, and transferred it to C, a false lessee, as if C, an applicant for a loan, works in “G”.

E falsely recruited D as a lessor, and around October 6, 2014, at the I real estate office located in Seocheon-gu, Seocheon-gu, Nowon-gu, Seoul (hereinafter “instant real estate”) operated by E, E prepared a false lease contract with B (the instant Defendant) and C, as if they entered into a lease contract with B (the instant real estate amounting to KRW 100 million (the contract amounting to KRW 10 million) of the lease deposit.

C around October 2014, at the victim A Bank (the Plaintiff in this case) branch located in Seo-gu Incheon Seo-gu, Incheon, applied for a loan of KRW 70 million for a loan for a lease on a deposit basis, and the fact is that the applicant did not intend to rent a house as specified in the above lease contract, and did not have worked in G, while acting as if the loan was used as a deposit for a lease on a deposit basis, submitted an application for a loan from the National Housing Fund accompanied by a false lease contract, employment-related documents, etc. and an application for a credit guarantee from the Korea Housing Corporation, and its employees were transferred a loan of KRW 70 million for a lease on a deposit basis from the said employees to the account under B (the Defendant in this case).

As a result, C, D, and E are in collusion with F, etc. A bank for victims.

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