The application for compensation of this case is dismissed.

On December 4, 2015, the Defendant is aware of the person who is engaged in loan business from the Changwon-dong to the victim E by telephone at a non-permanent location on December 4, 2015, and such person can only lend a loan to a person with full repayment ability, and there is no concern that the principal may be detached.

(B) If a person lends money to B, he/she will pay money by making an investment in the person.

The interest of 10% per month shall be paid and the principal shall be guaranteed after one year.

“A false representation was made.”

However, the defendant did not have a certain income since there was no occupation at that time, and even if he borrowed money from the injured party, he was thought to use the money as living expenses or to repay the defendant's existing obligation, and therefore there was no intention or ability to return the principal of the loan or to pay the agreed interest.

The Defendant acquired KRW 300,000 on the same day from the injured party to the Defendant’s wife F bank account (G) and acquired it from the victim from July 28, 2017 through a total of KRW 296,759,220 from the victims to July 28, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, H, I, and E;

1. A copy of each loan certificate;

1. Application of Acts and subordinate statutes on account transfer, receipt ledger, and details of deposit transactions;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Reasons for sentencing (the scope of liability for compensation is unclear) under Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation;

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for up to four years (the scope of the recommended punishment) and the basic area (one year to four years) for the types of two types (the amount exceeding 100 million won, and less than 500 million won) (one year and four years), respectively;

2. The following sentence shall be rendered: