The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. On November 2016, the Defendant applied for a credit loan to the Plaintiff Hyundai Savings Bank via a loan broker.

On November 18, 2016, the Defendant was asked the employees of the victim bank in charge of the above credit loan by telephone from the employees in charge of the victim bank in relation to the above credit loan, and was asked questions as to whether there was a fact that other financial institution than the victim bank applied for the loan to other financial institutions. The Defendant stated that “no other financial institution applied for the loan” was false.

However, at that time, the Defendant applied for a loan of KRW 30 million to Korea-friendly savings bank and KRW 20 million to Korea-friendly savings bank.

As above, the defendant deceiving the employees of the victim bank and entered into a loan agreement with the victim bank, and around November 21, 2016, the defendant received 50 million won from the bank account (D) in the name of the defendant for the company bank and acquired the loan by money.

2. Determination

A. Fraud is established by deceiving another person to receive property or gain profits from property by taking advantage of the defective expression of intent that may be caused by the deception. The deception as a requirement for fraud refers to the active passive act that has to have mutual faith and sincerity in property transaction. Whether a certain act constitutes deception that causes a mistake of another person is determined objectively by taking into account the situation of transaction, other party's knowledge, experience, occupation, and other specific circumstances at the time of the act (see, e.g., Supreme Court Decision 91Do2746, Mar. 10, 192). In particular, it is common sense that a seller notifies a buyer of the asset value or profitability of a company in trading the company, and if the director exceeds the permissible level in light of the ordinary commercial practices and the good faith principle, it is unlawful.