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1. The part of the obligee’s subrogation claim against Defendant D is dismissed.
2. Defendants A, B, and C shall be jointly carried out.
Reasons
1. Basic facts
A. Defendant A, B, and C (hereinafter “Defendant A, etc.”) and Nonparty A conspired to make a false lease agreement with respect to the 301 of the five-story apartment houses on the F of the 5th floor in Ansan-si, Ansan-gu, Busan-si, the mother of Defendant B, which are registered as Defendant D (hereinafter “instant building”), and obtain a loan from a financial institution and obtain a loan from a financial institution.
B. On March 5, 2013, Defendant A, etc. and E drafted a false employment certificate, which was in office, and the false lease agreement, stating that E leases of the instant building amounting to KRW 100 million from Defendant D (hereinafter “instant lease agreement”). On March 5, 2013, Defendant A, etc. submitted the said documents to Nonparty Nonghyup Bank Co., Ltd. (hereinafter “CF”) (hereinafter “CF”), a business entrusted by the Plaintiff, even though they were not in office and did not lease the instant building.
C. Around March 6, 2013, Defendant D confirmed that it was a true lease agreement with the agricultural cooperative that asked about the authenticity of the instant lease agreement. On the same day, the agricultural cooperative issued the Plaintiff’s housing credit guarantee certificate with the guarantee amount of KRW 69,300,000,000 to E as security, and deposited KRW 77,000,000 in the bank account in the name of Defendant D, a lessor (hereinafter “instant loan”), and Defendant B withdrawn the instant loan deposited in the said account and divided it with the other accomplices.
Defendant A, etc. was prosecuted as a crime of fraud against various recommendations loans, including the instant loan, and the Defendant A is punished by imprisonment with prison labor for three years and six months [Magju District Court 2014 Goju District Court 2014Ma2113, 3773 (Consolidation)], Defendant B is punished by imprisonment for one year and two months [Magju District Court 2014No3062, 3075 (Consolidation)], and Defendant C is punished by imprisonment for two years.