The judgment below

Among the defendants A, C, D, and E, the acquittal portion is reversed, and this part of the case is remanded to the Daejeon High Court.

The grounds of appeal are examined.

1. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) by Defendant A, C, D, and E

A. The Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee Co., Ltd.”) is a company established to protect the policyholders of housing, promote housing construction, and contribute to the improvement of national housing welfare, etc. by providing various guarantees for housing construction pursuant to Article 76 of the Housing Act. The scope of business is the sale guarantee and defect liability guarantee for the housing built and supplied by the housing construction business operator pursuant to Article 77(1) of the Housing Act, and other guarantee business prescribed by Presidential Decree.

In addition, according to the evidence duly admitted by the court below, Defendant A, C, D, and E (hereinafter “Defendant A, etc.”) filed an application for a guarantee under the name of S Co., Ltd. (hereinafter “S”) or R (hereinafter “R”) for a guarantee against the housing guarantee of the Korea Housing Guarantee Co., Ltd. (hereinafter “this case’s guarantee agreement”) and accordingly, the Korea Housing Guarantee Co., Ltd. issued a guarantee against the guarantee against the guarantee against the guarantee company. The instant guarantee agreement sets the guarantee against the guarantee company as the lessee, the guarantee creditor, and the principal debtor as S or R, and imposes the guarantee liability within the scope of the guarantee amount classified by the same type as stated in the calculation statement of the rental deposit attached by the guarantee company. However, “where the lease contract is terminated or terminated within the guarantee period and the principal debtor is recognized as unable to pay the guarantee deposit due to bankruptcy, bankruptcy, etc. within the guarantee period and notified the guarantee creditor thereof”, the guarantee company shall be liable to the guarantee company.