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(영문) 서울중앙지방법원 2018.07.26 2018나3372
구상금
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant shall pay to the Intervenor succeeding to the Plaintiff KRW 41,409,269 and this.

Reasons

1. Basic facts

A. On August 16, 2012, the Plaintiff concluded an insurance contract for the right to lease on a deposit basis with a new bank (hereinafter “new bank”) with the insurance period from August 10, 2012 to July 20, 2014; the insurance amount of KRW 88,00,000; and the subject matter of the insurance amount of the insurance amount of KRW 88,00,000; and the right to lease on a deposit basis with the Songpa-gu Seoul Metropolitan Government G apartment 101 Dong 601 (hereinafter “instant apartment”).

(hereinafter “instant insurance contract”). (b)

In collusion with B, C, and H, although the Defendant did not have concluded a lease contract on the apartment of this case, which is F owned by the Defendant, the Defendant offered to obtain a loan from a financial institution as security by forging a real estate lease contract, etc. as if the Defendant had concluded a lease contract and paid a lease deposit. On July 25, 2012, the Defendant filed an application for a new real estate lease contract with the E Licensed Real Estate Agent Office in Gangnam-gu, Seoul for the lease deposit amount of KRW 280 million and the lease period from July 21, 2012 to July 20, 2014; the Defendant forged a lease contract under the name of F with the content of leasing the apartment of this case from Nonparty F; on July 25, 2012, the Defendant completed a false move-in report as if the Defendant were to reside in the apartment of this case; on August 10, 2012, the Defendant filed an application for a new real estate lease contract with a new bank of KRW 250-30 borrowed on the date.

(hereinafter “instant loan”). C.

From May 2013, the Defendant delayed the payment of interest on the instant loan, and on June 28, 2013, confirmed that the Defendant was not residing in the instant apartment, and the new bank accused the Defendant on November 12, 2013, and the Defendant was above B.

On July 23, 2014, the facts constituting the crime under paragraph (1) are punished by imprisonment with prison labor for six months from the Changwon District Court Branch.

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