2. The applicant for compensation shall be dismissed;

On June 22, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Customs Act at the Busan District Court on November 8, 2010, and the judgment became final and conclusive on November 7, 201, and completed the execution of the sentence on November 7, 2011. On February 8, 2013, the Defendant was sentenced to four months of imprisonment with prison labor at the Busan District Court on February 8, 2013, and the judgment became final and conclusive on February 16, 2013.

On February 3, 2012, the Defendant received money from the victim C in the E-cafeteria located in Busan East-gu, the Defendant received KRW 3,000,00 from the victim to February 24, 2012, a sum of KRW 3,00,00 from the victim to February 24, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and F;

1. Part of the police statement concerning G;

1. A copy of a bankbook (A deposit note in a national bank);

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (report attached to the written judgment, etc. concerned and report confirming the expiration of the term of punishment);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 of the Criminal Act for concurrent crimes [in cases where a crime which was not yet adjudicated cannot be judged concurrently with a crime for which judgment has become final and conclusive, the punishment shall not be imposed concurrently in consideration of equity and equality, or the punishment therefor shall not be mitigated or remitted pursuant to Article 39(1) of the Criminal Act (see Supreme Court Decision 2012Do9295, Sept. 27, 2012)]

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Articles 25 (3) 3 and 32 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders are sufficient to receive 30,000,000 won from the victim in advance. However, the defendant did not have the intent to obtain by deception.