1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On December 24, 2012, the Plaintiff received a loan consultation by telephone from an unqualified person. The Nonparty explained that he/she should first deposit the receipt fees and deposit money in order to obtain a loan. On January 7, 2013, the Plaintiff transferred KRW 4,000,000 in total to the account of community credit cooperatives in the name of the Defendant, which is designated as the above-mentioned person in the Agricultural Bank (P) with the Internet banking account in the name of the Plaintiff.

B. However, the name-based person was the one who caused the Plaintiff to borrow a loan, and committed the crime of defraudation by receiving the remittance to the account under the name of the Defendant (hereinafter the crime of fraud in this case) as above, and released all the money obtained from the Defendant’s account in the name of the Defendant.

C. On the other hand, while the Defendant consulted with a person under whose name the Defendant had been given a loan, he heard that the Defendant’s resident registration abstract, seal, card, etc. should be necessary from the person under whose name the Defendant had been given a loan. On December 31, 2012, the Defendant opened an account of a community credit cooperative under the name of the Defendant and sent the card, seal, etc. to the person under whose name the account was not given, and notified the account number

[Grounds for Recognition] Unsatisfy, Gap's 1, 2, 4 (including each number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition 1) The defendant sent a card, seal, etc. of his name account to the above-mentioned person, and notified him of his password, etc., so that the above-mentioned person could commit the fraud of this case by using the above-mentioned account, and if he paid little amount, he could have easily predicted that the act of transferring the card, seal, etc. of his name account to the above-mentioned person is easy to commit the fraud of this case (in the course of lending, it is very difficult to request the loaner to send the card, seal, etc. of his name account to him and to inform him of the password, etc.