The request of the applicant for compensation shall be dismissed.

On September 2010, the Defendant made a false statement to the effect that “The Defendant subscribed to the ES goods benefiting only from the Company and received the principal and interest of 15% per annum from the Company” from the Victim C’s House located in Seocho-gu, Seocheon-gu, 2010, and made a false statement to the effect that “The Defendant believed and made an investment.”

However, the defendant was thought to borrow money from the injured party to a third party or use it for personal purposes, and there was no intention or ability to pay the principal and interest of the investment to the injured party after joining the ES goods.

Nevertheless, on December 24, 2010, the Defendant: (a) by deceiving the victim as above; (b) received KRW 15 million from the Japanese bank account (D) in the name of the Defendant around December 24, 2010; (c) and (d) received a total of KRW 65 million from November 29, 2013 to November 29, 2013 by the said method as above, as shown in the list of crimes.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Complaint;

1. Detailed statement of each transaction;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347(1) of the Criminal Act, the choice of imprisonment, inclusive, with prison labor for the crime;

1. The reason for sentencing of Article 25(3)3, Article 32(1)3, and Article 25(2)(2) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation [the scope of punishment recommended in the criminal procedure is not reasonable since sufficient deliberation is required with respect to the scope of liability for compensation] [the scope of recommendation] under the basic area (from June to January 1, 6) (the scope of punishment is less than KRW 100 million) [the person who is subject to special sentencing] [the decision of sentencing] has not been repaid, and the victim is disadvantageous to the victim’s desire to reduce the Defendant’s severe punishment.

The fact that the defendant makes a confession in this court and reflects it, some of the acquired money is repaid to the victim under the name of interest, the fact that there is no criminal history, and one parent family.