The judgment of the court below is reversed, and the case is remanded to Suwon 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 August 1, 2016, the Defendant filed an application for a loan with D Bank Co., Ltd. (hereinafter “victim Bank”) by telephone, and there was no fact that the Defendant is proceeding with or received a loan from other financial institutions at the same time.

The loan of KRW 30 million will be repaid for 60 months in 921,561 per month.

The phrase “ makes a false statement.”

B. However, the Defendant, in addition to the victim bank on the same day, was also planning to obtain loans from E Bank, F, and G at the same time.

In February 2016, H Savings Bank had already been granted loans equivalent to KRW 43 million from loan companies, such as H Savings Bank, and paid interest equivalent to KRW 2,00,000 per month. However, it was the most likely that there was no loan by lending KRW 60,000 to loan companies temporarily from loan brokerage companies.

Therefore, even if money is borrowed from the injured party, there was no intention or ability to repay it.

(c)

In this regard, the Defendant was informed of the Victim Bank as above and was given 30 million won as loans from the Victim Bank on the same day.

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, where it is deemed that the other party to a transaction would not engage in the transaction in question if the other party to the transaction was notified of certain circumstances, the person who receives the property through the transaction shall be the other party in advance in accordance with the good faith principle.