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

Around April 2012, the Defendant: (a) sought an inquiry from the victim B of a person related to the fourth degree of marriage to make an investment in a tourist bus by telephone; (b) concluded that “When purchasing and operating one tourist bus, the Defendant would make profits of approximately KRW 1.5 million per month. If the Defendant sent KRW 60,000,000 to a tourist bus, the Defendant would purchase one tourist bus and let the Defendant take money out to have the tourists aboard and operate the bus, and send KRW 1,50,000 per month profits.”

However, at the time, the Defendant did not receive the outstanding amount from other travel agencies at approximately KRW 200 million. On the other hand, there was almost little profit due to the business depression and the travel agency's shortage in operating expenses. Thus, even if the Defendant received money from the victim as the price for bus purchase, the Defendant did not intend to use the money for the bus purchase, and even if the Defendant did not intend to use it as the operating expenses of the above travel agency and did not have any other intent or ability to pay the agreed amount to the victim.

The Defendant, by deceiving the victim as above, received from the victim the total amount of KRW 20,000,000 from one bank account under the name of the Defendant (D) around May 18, 2012, KRW 20,000 to the same account around August 14, 2012, and KRW 20,000,000 to the same account around September 7, 2012, respectively, and received the remittance of KRW 60,00,000 in total over three occasions.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B, E, and C;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to deposit details, automobile sales contract, automobile registration certificate, subscription form for automobile mutual aid contract, confirmation of subscription for mutual aid (insurance), register of automobiles, confirmation of fact, and details of financial transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 32(1)3 and Article 25 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation;