The application for compensation of this case is dismissed.

1. On June 13, 2014, the Defendant, at the Defendant’s house located in Gyeonggi-si, Gyeonggi-do, agreed to lease a child house owned by the Defendant to the victim B at the Defendant’s house located in the above location, and agreed to deliver the building of this case to the victim around July 31, 2014, the deposit amount of KRW 100 million, monthly rent of KRW 1.5 million, and the lease period of the victim from July 31, 2014 to July 30, 2019. The victim agreed to deliver the building of this case to the victim around July 31, 2014, as the down payment on June 13, 2014; KRW 20 million as the intermediate payment on July 26, 2014; and KRW 70 million as the remainder on July 31, 2014, respectively, on July 31, 2014.

Therefore, at the time of the above agreement, the Defendant was prior to the termination of the lease agreement concluded with E, a lessee of the said child’s house, as of February 7, 2013, and thus, in order for the Defendant to lease the said childcare center normally to the victim, it was necessary to first pay the amount equivalent to KRW 185 million in total of the deposit and premium to the said E.

However, at the time, the Defendant, due to the unreasonable investment in real estate, should bear the obligation equivalent to KRW 2 billion, and should pay KRW 10 million or more per month as interest on the above obligation, while there was no certain income. Moreover, there was no clear method or specific plan to prepare 185 million or more to be paid to the above E. Therefore, even if the Defendant received the deposit from the injured party, he did not have the intent or ability to lend the above childcare center normally to the said E, even if he did not receive the deposit from the injured party.

Nevertheless, the Defendant: (a) deceiving the victim as if he/she could normally lease the child care center to the victim by making a false statement to the effect that “Before entering the 2 billion won from July 30, 2014, the problem of the tenant is unknown”; and (b) deceiving the victim as a down payment on June 13, 2014; and (c) KRW 20 million as part payment around July 26, 2014, respectively.