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The accused shall dismiss an application for compensation order filed by an applicant for compensation of innocence.
Reasons
1. Summary of the facts charged
A. A. Around June 2013, the Defendant of KRW 150 million with respect to KRW 30 billion loan was allowed to borrow KRW 30 billion with the purchase fund for the site necessary to purchase the real estate located at Seosan City and newly construct a new house and sell the land in lots at the same time at the G attorney’s office located in Jongno-gu Seoul, Jongno-gu, Seoul around June 2013. The method is that “a deposit certificate is issued” after depositing KRW 30 billion with the funds at the I branch of the Korean National Bank located in Jung-gu, the Government-si, in the name of the Government-si, in one month, to use the money from the Fund owner for the purchase fund of the said site.
Therefore, while making a false statement to the effect that the Defendant would deposit KRW 30 billion as time deposit and provide C with a knife copy of the passbook after allowing the Defendant to deposit KRW 30 billion as time deposit, the Defendant drafted to C a list of the situation of raising funds to the effect that the Defendant would provide C with the above knife of the passbook.
However, in fact, the Defendant did not have the ability to secure funds worth 30 billion won, and there was no intention or ability to allow C to borrow 30 billion won by obtaining a certificate of deposit and a letter of decline in the use of funds after depositing 30 billion won in the name of the national bank I at the first place of the national bank.
As a result, the Defendant deceiving C by such a method, received KRW 100 million as a check from C, and received KRW 50 million as a passbook in the name of the Defendant’s child around July 2, 2013, and received KRW 150 million in total as a mobile deposit.
B. On September 27, 2013, the Defendant was guilty of KRW 250 million with respect to KRW 10 billion loan to C, from a new bank building located in the vicinity of the west-dong, Gangnam-gu, Seoul, Seoul, at around September 27, 2013, and KRW 10 billion with respect to acquisition funds necessary for acquiring Busan M.