The judgment of the court below is reversed, and the case is remanded to Busan District Court Panel Division.

The grounds of appeal are examined.

1. The summary of the facts charged in this case is as follows.

A. On February 2017, the Defendant applied for a loan to the Victim B Co., Ltd. (hereinafter “victim B”) via a loan intermediary business operator around February 2017.

B. On February 15, 2017, the Defendant was examined by telephone from the employees in charge of the victim bank in relation to the above loan, and the Defendant asked questions as to whether he/she applied for the loan to other financial institutions than the victim bank at the time, and made a false statement to the effect that “the Defendant did not have applied for the loan to other financial institutions.”

(c)

However, around February 15, 2017, the Defendant had already applied for a loan to C Bank Co., Ltd and D Bank.

In addition, the Defendant did not have any intention or ability to repay the loan even if he received the loan from the victim bank because he did not have any specific property at the time, and he did not have any intention or ability to receive the loan.

(d)

However, on February 16, 2017, the Defendant, by deceiving employees in charge of the victim bank, had the employees in charge approve the loan, and received a remittance of KRW 13.5 million from the victim bank under the pretext of the loan.

2.(a) The deception as a requirement for fraud means any affirmative or passive act that has to observe each other in the transactional relationship of property widely and lacks good faith and good faith.

It is sufficient to say that it is not a false representation on the essential part of a juristic act, and it is sufficient to say that it is a basis of judgment for an actor to conduct a disposal of property that the actor wishes by omitting the other party in error.

Therefore, in cases where the other party to a transaction is deemed not to have been involved in the transaction if he/she received a notice of certain circumstances, he/she receives property due to the transaction.