2. An application for remedy by an applicant for compensation shall be dismissed;

Since September 2009, the Defendant, while running a used car sales business, received business funds from C and his family members, and asked C to make an additional investment around October 2010, but the Defendant was refused due to the absence of money, and requested the other investors to color it and sell it. On October 29, 2010, through C, the Defendant told B to the effect that “The Defendant is operating a business to purchase used cars and sell them to foreign countries, and if it has invested KRW 35 million, it would pay 7% of the profits every 45 days.”

However, the Defendant had already closed down a used vehicle sales company that had been operated until September 2010, and was thought to be used to repay the principal and interest of investment to the previous investors, including C even if having received investment funds from the victim, and did not intend to use it as a used vehicle purchase fund. The Defendant had no ability to pay the principal and interest of investment to the victim normally because the credit card overdue charge amounted to KRW 40 million.

As such, the Defendant, by deceiving the victim as such, received 35 million won from the victim to the national bank account of D under the pretext of its immediate investment, from the victim, from that time, and received a total of KRW 129 million from the victim every four times until May 6, 201, as shown in the separate crime list.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes of each receipt, a copy of each deposit certificate, a copy of passbook, a reference note of request for requested details of transactions of savings deposits, a statement of account transactions, details of account transactions, inquiry into details of account transactions, and the statement of ordinary deposits;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 32 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;