The application for compensation order of this case shall be dismissed.

"2019 Highest 537"

1. Around March 20, 2018, the defrauded of the Victim C made a false statement to the effect that “The Defendant would pay a loan by selling heavy cars purchased within 2-3 months from the time it received a loan under the name of the victim to the Defendant’s wife E in his/her place of residence.”

However, the Defendant had no particular property at the time, and only up to KRW 100 million was liable, and there was no intention or ability to repay the existing debt due to the loan.

The Defendant, by deceiving the victim as above, had the victim borrow KRW 23.5 million in the name of the victim from F, and received the above loan from G bank account (H) in the name of the Defendant on the same day, and received the above loan from G bank account in the name of the Defendant.

2. On August 9, 2018, the criminal defendant against the victim I made a false statement to the effect that “The victim would sell Jystren vehicle at KRW 9 million by calls from the victim I of the second class trading business at the place indicated in paragraph (1) at the victim I. The victim would terminate and transfer the mortgage created on the above vehicle at the cost of the vehicle.”

However, in fact, the Defendant had no particular property at the time, and was only liable for approximately KRW 100 million, and there was no intention or ability to terminate the mortgage established on the said vehicle because it was planned to repay the existing debt with the vehicle price.

The Defendant, as above, by deceiving the victim, received KRW 9 million from the victim to the K Bank account (L) in the name of the Defendant for the purchase price of the vehicle on the same day.

The Defendant called the victim M at a non-permanent place at the beginning of July 2018, 2018, and called the victim M and operated the used cars selling company from N in the city of Jin-si.