A defendant shall be punished by imprisonment with prison labor for up to six months.

The request of the applicant for compensation shall be dismissed.

Punishment of the crime

The Defendant was a person who operated the “J” of the entertainment main station in Seo-gu, Seo-gu, Gwangju, and the victim C was an employee of the liquor company and became aware of the Defendant while selling alcoholic beverages to the said main station.

The Defendant, around September 7, 2015, at a new bank located in Pyeong-dong, Seo-gu, Seo-gu, Seo-gu, Gwangju, would allow the Defendant to receive interest from the bank if it lends money to the Defendant.

The main point is operating, and the deposit is 30 million won, and the principal will be repaid at any time when the premium is paid in KRW 50 million.

“.....”

However, at the time, the Defendant was a bad credit holder who bears a large amount of 40 million won, and the Defendant did not have any right to the above main security deposit or premium, and the Defendant did not have any intent to make an investment in the loan business by using the money received from the injured party and did not have any intent or ability to pay the principal or interest as agreed even if he received the money from the injured party.

The Defendant, as seen above, received money of KRW 40 million from the injured party through a new bank account in the name of the Defendant from the injured party, KRW 30 million around October 12, 2015, and KRW 10 million around October 16, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Entry of the part of the defendant in the protocol concerning the examination of the suspect against the defendant by the prosecution and C;

1. Each police statement made to C and K;

1. Investigation report (the building owner and telephone conversations);

1. The application of Acts and subordinate statutes to each recording book, verification certificate, liquidity transaction details, and copies of promissory note process;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for conviction and sentencing under Article 32(1)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation [the scope of recommended punishment].