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The defendant dismissed the application for compensation filed by the applicant for compensation.
Reasons
1. The summary of the facts charged states that, around October 2013, the Defendant: (a) made a medical assistive device to easily find blood transfusions from the victim C buildings and D; (b) was scheduled to pay a patent; (c) if the Defendant borrowed KRW 50 million from the bank balance certificate to the Small and Medium Enterprise Promotion Office, he/she may obtain a loan of KRW 500 million immediately if he/she applied for a loan to the Small and Medium Enterprise Promotion Office by issuing a bank balance certificate with the money; (d) he/she shall repay the loan of KRW 50 million within three months; and (e) if he/she sells the above products, he/she will sell the products, he/she will purchase KRW 300 million.”
However, at the time, the Defendant was in the state of patent application for the above medical aids, and did not request a re-determination for the patent even after receiving money from the victim, and did not intend or have the ability to carry out the business of manufacturing and selling medical aids, such as failing to file a request for a loan.
On December 6, 2013, the Defendant deceptioned the victim as above, and acquired 50 million won from the victim’s account in the E’s name from the victim and acquired it by fraud.
2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, there is room to regard a monetary transaction between F and the victim, regardless of whether the Defendant’s business feasibility or profit-making may accrue, and the evidence submitted by the prosecutor alone is insufficient to recognize that the Defendant acquired 50 million won from the victim, and there is no other evidence to acknowledge it otherwise.
① The Defendant asked F to raise money necessary for the business using medical aids (hereinafter “instant business”). The F, who did not have any particular financial resources at the time, attempted to borrow money from his own will, but the Defendant explained the instant business to the victim without any financial resources.
(2) The F shall be the business of the defendant in question.