1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The plaintiff is a branch relationship with the defendant, and the defendant is known to the apartment resident, such as C, and C is a person who has worked in a hospital with D head of a hospital.

B. On January 21, 2013, the Plaintiff remitted KRW 70,000,000 to the Defendant’s account. On the same day, the Defendant transferred the total amount of KRW 30,000,000,000 to the E (ves)’s account designated by C.

C. The Defendant received KRW 2,00,000 from C on February 23, 2013, and then remitted KRW 1,200,000 out of the said money to the Plaintiff, and thereafter, remitted KRW 3,20,000 to the Plaintiff on March 25, 2013, KRW 80,000 on June 11, 2013, and KRW 6,00,000 on August 21, 2013.

On the other hand, C was prosecuted for the following facts constituting the crime, and was sentenced to imprisonment with prison labor on October 22, 2014 by Busan District Court 2014Kadan1579, and the above judgment was finalized on January 15, 2015.

On February 5, 2014, the defendant (C, hereinafter the same) was sentenced to a two-year suspended sentence of imprisonment for fraud, etc. at the Busan District Court on February 5, 2014, which became final and conclusive on June 20, 2014.

The Defendant, while working in the Gmedical Center located in Busan Dong-gu for 19 years from the G Medical Center, discovered the fact that the head of the original department and embezzled the public funds of the above hospital, and required to pay the embezzlement money. The Defendant was willing to borrow money from the victim B (the Defendant of this case) as if the head of the hospital borrowed money, and to repay the embezzled money with this money.

1. Around 08:00 on May 24, 2012, the Defendant made a false statement to the effect that “The Defendant would pay interest of KRW 200,000,000 per month to the Victim H apartment 102 Dong 1803 at the victim’s residence. If the Defendant borrowed KRW 10,000,000 to the Defendant, it is necessary to extend the G Medical Center D’s hospital.”

However, the defendant thought that he would pay his embezzlement without giving the head of the hospital.

Accordingly, the defendant deceivings the victim as above and belongs to it on the same day from the Dong.