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

[2016 Highest89]

1. On May 2013, the Defendant concluded that “E” to the victim’s “E” in the operation of the Victim C located in Busan Southern-gu, Busan-gu, that the Defendant would purchase the land near the NC department store located in the Nam-gu, Busan-gu, and that “if the down payment is a plan to do construction work, it would be paid within 10 days if the down payment borrowed the mother money, the Defendant would pay the two-minute interest and the premium.”

However, the Defendant did not have a plan to carry out the above construction work, and at the time, the Defendant was a bad credit holder, and the F, operated by the Defendant, did not have any profits, and the Defendant would have paid interest on loans worth KRW 10 million per month. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to pay it.

Around June 17, 2013, the Defendant received a total of KRW 19 million from the victim to the “F” corporate account operated by the Defendant under the pretext of the borrowed money, as shown in the No. 1 and No. 2 attached Table 1 and 2 from the victim.

2. Around June 26, 2013, the Defendant involved in the fraud of Gyeongcheon-do Construction, Gyeongcheon-do, stated that “The Defendant would pay within 10 days, if the Defendant loaned money to the Defendant as the need for the funds arises, the Defendant would pay the victim the interest and the premium of the two copies and the premium of the construction cost, and the said money borrowed prior to the receipt of the construction cost will also be repaid.”

However, the Defendant did not have a plan to carry out the above construction work, and at the time, the Defendant was a bad credit holder, and the F, operated by the Defendant, did not have any profits, and the Defendant would have paid interest on loans worth KRW 10 million per month. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to pay it.

Around July 1, 2013, the Defendant makes a false statement and transfers one million won from the victim to the “F” corporate account operated by the Defendant.