The request of the applicant for compensation shall be dismissed.

[Basic Facts] On February 11, 2015, the Defendant: (a) dispatched to the Bupyeong-gu Incheon Bupyeong-gu, Bupyeong-gu, Incheon, to the Dispute Resolution Co., Ltd., and entered into a credit loan agreement with the victim B about KRW 80 million.

Pursuant to the above credit loan agreement, the victim received 7,960,000 won from the CTR bank at around February 11, 2015, from the victim’s bank account (Account Number F).

In this regard, the victim would pay KRW 50 million to the defendant immediately after receiving the remittance of the above loan, while it is necessary to pay KRW 30 million as of the present loan.

On the other hand, the Defendant once transferred the amount of KRW 50 million to the Korean Cit Bank account (Account Number G) in the name of the Defendant to the victim, and the Defendant would have deposited the money after the lapse of one month and would have repaid the money after the lapse of one month. On the other hand, the Defendant would have made a proposal to pay the above amount of KRW 50 million interest on the loan and the excessive repayment fee in lieu of the interest on the loan and the excessive repayment fee.

[Criminal facts]

1. Around February 11, 2015, the Defendant was transferred KRW 50 million to the above CT Bank account in the name of the Defendant on February 13, 2015 upon request from the victim in the said KTBE to repay KRW 50 million out of the above loans.

While the defendant kept the above KRW 50 million on behalf of the victim, he embezzled it by using it for the purpose such as the repayment of the debt to the parent of the defendant, the defendant's living expenses, etc. at around that time.

2. On May 2015, the Defendant made a false statement to the effect that “If the Defendant transfers the above credit loans of KRW 30 million to the Defendant’s account in the name of the Defendant (Account Number H) in order to successively repay the said loans to the Defendant’s account via the Kakao Stockholm message, etc., the Defendant would make reimbursement on behalf of the victim.”

However, the defendant receives money from the injured party as the repayment of the loan, and takes precedence over the personal purpose of the defendant.