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1. The Plaintiff:
A. As to KRW 68,33,548 and KRW 68,038,60 among them, Defendant A shall have jurisdiction over KRW 68,038,605 from July 15, 2014 to August 31, 2015.
Reasons
1. Facts of recognition;
A. On February 14, 2013, the Plaintiff concluded a housing finance credit guarantee agreement with Defendant A (hereinafter “instant guarantee agreement”) in order to secure the repayment obligation of the principal and interest of loan to Defendant A bank.
B. On February 14, 2013, Defendant A obtained a loan of KRW 75,00,000 for the National Housing Lease Fund from the Korean bank (hereinafter “instant loan”). To this end, the Plaintiff issued to the Korean bank a credit guarantee certificate with the guarantee payment amount of KRW 67,50,000 (the amount equivalent to 90% of the principal of the instant loan) based on the instant guarantee agreement and the guarantee payment period of February 16, 2015.
C. Defendant B prepared a false lease agreement between Defendant A and Defendant B on February 1, 2013, stating that “Defendant A leases two floors of the housing unit D located in Gangseo-gu Seoul Metropolitan Government owned by Defendant B from Defendant B to Defendant B as the ordinary people who operated the National Housing Fund with the financial resources of the National Housing Fund, and the loans of the housing unit for workers only consisting of document screening without actual inspection. Defendant A serves as a false tenant; Defendant A serves as a false tenant; Defendant B planned to obtain a house lease loan from the victim Korean bank by acting as a false landlord; Defendant B and Defendant B entered into a false lease agreement between Defendant A and Defendant B, stating that “The two floors of the housing unit D located in the Gangseo-gu Seoul Metropolitan Government owned by Defendant B shall be leased from Defendant B as the full-time lease; Defendant A works for
‘A' shall be issued to the Bank on February 14, 2013 after the issuance of a false certificate of employment, and shall apply for a loan of the National Housing Lease Fund to the Workers.
As described in subsection (1), our bank transferred KRW 75,00,000 from the instant loan to Defendant A and C, and acquired KRW 10,000,000 among them.
On November 18, 2016, Defendant B was found guilty of the fraud of the instant loan fraud, and sentenced to a suspended sentence of imprisonment (Seoul Western District Court 2016Da1100).