An applicant for compensation shall be dismissed.

On February 9, 2010, the Defendant: (a) around February 9, 2010, in the real estate brokerage office located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon; (b) purchased the above apartment in the name of the Defendant on the account of the victim’s account with respect to the apartment 905 Dong 2401, which the Defendant, who is the victim C and F company employees, could be sold from the F company; and (c) immediately concluded a sales contract

The Defendant received down payment of KRW 98,100,000 from the victim on the day of the contract, and the victim decided to succeed to a loan of KRW 179,850,000 from the National Bank that the Defendant received, and the victim deposited an intermediate payment of KRW 28,550,000 in the name of the Defendant on February 28, 2010. As such, the Defendant had the duty to receive the remainder from the victim on September 2012 when the victim deposits it into the F company under the name of the Defendant.

On January 17, 2012, the Defendant borrowed KRW 168 million from H and I as collateral for the above intermediate payment claim and the right to claim ownership transfer registration, and did not complete payment. As such, H and I’s seizure on the above intermediate payment claim and the right to claim ownership transfer registration, the Defendant cannot obtain the registration of ownership transfer for the above apartment even if the remainder is paid to the victim.

Accordingly, the Defendant acquired property benefits equivalent to KRW 168 million from the above borrowed money and sustained damages equivalent to the same amount as the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint;

1. Application of the real estate sales contract, a copy of the decision of the Seoul Central District Court, a copy of each Internet banking transfer certificate, a copy of each receipt, a receipt, and the Acts and subordinate statutes on deposits without passbook;

1. Article 355 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Rejection of an application for compensation (the scope of liability for compensation is not clear).