An application filed by an applicant for compensation shall be dismissed.

On February 7, 2012, upon receipt of a request from the victim C who made a request to lend the name of the defendant to him/her, the defendant issued a check card, security card, and password of the passbook so that the victim can enter and withdraw after opening the bank account (Account Number:D) at the location of the national bank located in Goyang-si, Goyang-si, and then the victim used the above account.

Nevertheless, at around 15:00 on April 12, 2013, the Defendant embezzled the victim’s money by arbitrarily withdrawing KRW 91,037,128 of the balance of the account and consuming it for personal use by means of cutting down the deposit of money owned by the victim to the account in the above location.

Summary of Evidence

1. Recording of the witness C's statement in the fourth and nine trial records;

1. Statement to C by the police;

1. A E-document;

1. Details of transactions, cellphone banking connection details;

1. In full view of the following circumstances acknowledged by the record of the instant case regarding the assertion that the Defendant was the money owned by the Defendant in the investigation report (FF currency at the point of the single-class branch of the National Bank), the money recorded in the crime appears to be money owned by the victim and cannot be deemed as money owned by the Defendant. This part of the Defendant and the defense counsel’s assertion is rejected.

① On February 2, 2012, the Defendant opened a national bank account (Account Number: D; hereinafter referred to as the “instant account”) for the victim, and thereafter, kept only the passbook after informing the victim of the instant bank account of the personal identification number and the password. The victim deposited or withdraws money from the instant account from time to time after the instant account was opened, and made inquiries of the details of transactions, but the Defendant did not inquire of the balance at one time prior to the date on which the crime was recorded, or did not withdraw money.

② The Defendant, in addition to the instant account, has opened in our bank.