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The defendant shall dismiss the application filed by the applicant for compensation.
The summary of this decision shall be published.
Reasons
1. The Defendant, on December 31, 2008, received 10 million won from the victim on December 31, 2008, the Defendant received 10 million won from the victim’s bank account in the name of the Korean National Bank on December 31, 2008, and received 50 million won as a check from the non-permanent area located in the Dong-dong Port of Gyeonggi-gu, Gyeonggi-gu on January 6, 2009, and received 40 million won as a check on January 12, 2009, 40 million won as a check from the non-permanent area located in the Dong-dong branch of the Dong-gu, Seoul Metropolitan City on January 12, 2009.
However, the defendant did not engage in multi-stage business, and there was no intention or ability to repay KRW 300 million borrowed from the victim three times from February 2006 to June 2007, the above borrowed amount of KRW 100 million within one month.
Therefore, the defendant deceivings the victim and defrauds the victim of KRW 100 million.
2. As to the above facts charged, the Defendant did not provide B with a loan of KRW 100 million on or around December 2018, and the above KRW 100 million (hereinafter “instant KRW 100 million”) merely claimed that D was invested in a business led by D from B.
The defendant, like the facts charged, has the statement in B's investigation agency and this court, as evidence that corresponds to the fact that if the defendant lends only KRW 100 million to B, he/she shall be fully repaid within one month, and he/she shall be fully repaid KRW 300 million.
However, in light of the following points, it is difficult to believe the above statement in B as it is, and there is no other evidence to acknowledge it.
① Around November 2016, when the Defendant was operating a multi-stage business on February 8, 2006, the Defendant lent KRW 150 million to KRW 400,000,000 per month, with the interest of KRW 400,000 per month and to return the principal after three months, and the Defendant provided an opportunity on May 2007.