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The defendant's appeal is dismissed.
Reasons
1. Although the summary of the grounds for appeal (the factual error) did not inform the damaged company that the instant claim for the refund of deposit was already transferred to the “F”, it does not infinite the victim intentionally by deception.
2. Determination
A. The deception as a requirement for fraud refers to any affirmative or passive act that widely lacks the fiduciary duty and good faith to each other in the transactional relationship. It is sufficient to say that the deception does not necessarily require false indication as to the important part of a juristic act, and it is sufficient to establish the basis of judgment for an actor to make a disposition of property which the other party wishes by omitting the other party into mistake. Therefore, in a case where it is acknowledged that the other party to the transaction would not have been notified of a certain circumstance, a person who receives the property has a duty to notify the other party of such circumstance in advance of such circumstance, under the principle of good faith.
Nevertheless, it constitutes a crime of fraud by deceiving the other party by implied disregarding the fact that such notice has not been given.
(See Supreme Court Decision 2005Do5774 Decided October 28, 2005, etc.). B.
Examining the following circumstances acknowledged by the evidence duly admitted and investigated by the court below in light of the aforementioned legal principles, it is reasonable to view that the defendant acquired the loan by deceiving the victim by deceiving the victim by failing to notify the fact that the claim to return the deposit of this case was already transferred to a third party
Therefore, the judgment of the court below is just and acceptable, and it cannot be said that there was an error affecting the judgment by misunderstanding facts.
1 In determining whether to approve loans to card merchants, the injured company may take over not only the sales of the relevant member shop but also the claims for return of deposit for lease.