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

From around November 1988, the Defendant was the representative of D Co., Ltd. who supplies disinfection agents for kitchen use to hotels, etc., and was aware of the victim C who worked as the defendant's trading hotel cook for about 20 years. The victim was retired from office at a hotel where he worked as a policeman on November 2014.

On November 1, 2014, the Defendant: (a) made a false statement to the effect that “the Defendant would return money to the victim as soon as possible from the lending of money,” at a mutual infinite restaurant located in the Dongjak-gu Seoul Metropolitan Government Salydong-gu, Seoul; and (b) received KRW 5 million from the damaged party to the financial account in the name of the Defendant’s bank.”

In addition, on November 25, 2014, the Defendant called the victim to the effect that “I will not pay money to retire from her son,” and then want to expand the business area as well as to expand the company’s business area. At the same time, it would be a large amount of money if I import of the original decoration and deliver it to hotel, etc. in China, which would be insufficient to pay in one month, and it would be repaid in one month, and it would be repaid with five million won in one loan of KRW 45 million during the retirement pay from her son.” Accordingly, the Defendant was transferred from the victim to the foreign exchange bank account in the name of the Defendant on December 1, 2014.

However, there was a poor situation in which the defendant operated the business, and there was no intention or ability to repay the money even after borrowing the money from the injured party due to the aggravation of the financial situation such as the financial situation where the procedure is being in progress by filing an application for the individual rehabilitation with the Seoul Central District Court around November 10, 2014.

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

Summary of Evidence

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Entry of part of each protocol concerning the interrogation of the suspect against the defendant (C).