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1. The defendant shall pay to the plaintiff KRW 115,00,000 as well as 5% per annum from June 1, 2019 to June 17, 2020 and from the next day.
Reasons
1. Facts of recognition;
A. The remaining co-defendants B, C, and D were convicted of the following criminal facts in the instant case.
B was sentenced to a suspended sentence of two years on October 22, 2019 in Busan District Court Decision 2019Da2908, which was sentenced to a suspended sentence of two years on October 22, 2019, C was sentenced to imprisonment of one year and eight months in the above court in combination with other cases, including the above court 2018No3905, which became final and conclusive, and D was sentenced to imprisonment of two years and four months in the above court in combination with other cases.
B, with the knowledge of common sense, with D, C, and C, performed the role of providing C-owned apartment as a leased object, D, the role of preparing lease contract necessary for loan of deposit money, loan application, etc., and B shared the role of receiving loan of deposit money as a lessee, and as to C-owned “U. Busan E apartment and F”, the fact that C-owned apartment and F had not entered into a lease contract with B was intended to obtain loan of deposit money by requesting the bank as if there was a normal lease contract, even though there was no contract of lease between B and others.
B, around April 1, 2015, at the I Licensed Real Estate Agent Office located in P of Busan, Busan, with D and C, the fact that B did not actually rent an apartment. However, B prepared a false lease agreement with B, “20 million won,” “Lessee,” “C, G,” and “C, from April 10, 2015 to April 9, 2017,” and B submitted a false lease agreement with the victim JJ bank on the condition that B set up a pledge on the deposit and continuously reside in the leased object with a fixed date and maintained the first priority right of preferential payment for the deposit.
C continued to prepare a written consent of the pledge and a letter of commitment to the return of the deposit for lease in B, and submit C and B to the employee in charge of the victim.