사기
The prosecution of this case is dismissed.
1. On August 2002, the husband C of the Defendant’s charge of the instant case purchased 508 square meters of the land D in Jung-gu, Daejeon, Daejeon. The victim E, a female farmer of C, purchased 959 square meters of adjacent F site on the two lots, and C newly constructed a car center and a Sejong Vice Minister on the two lots and operated it as E and the Vice Minister on August 26, 2005, and was inherited by the Defendant.
On June 2014, the Defendant: (a) assumed that he/she would sell the above site for KRW 3.1 million on a flat basis; (b) obtained the consent from the victim by stating that he/she should sell the site for KRW 2.5 million on a flat basis to repay the loan amount of KRW 1.5 million; and (c) sold the site for the victim’s possession on behalf of the said victim at the International Authorized Brokerage Office located in the Daejeon U.S. P. H. in the Daejeon-gu H, Daejeon, which is operated by G, to KRW 725 million on behalf of the said victim; and (d) sold the Defendant’s site for KRW 385 million,000,000,000, and the Defendant, separately, concluded a sales contract with the type of premium, and received the price.
Therefore, the Defendant paid the above KRW 171,839,500,000 among the above KRW 260,000,000 according to the housing site area ratio, but did not conceal and pay such fact.
In this respect, the defendant deceivings people to acquire financial benefits.
2. The determination of this is an offense falling under Article 347(1) of the Criminal Act and may be prosecuted against relatives other than those of Article 328(1) pursuant to Articles 354 and 328(2) of the Criminal Act only upon complaint.
According to the records of this case, the defendant and the victim E are not living together with the defendant and the defendant did not resume after the death of C, so the defendant and the victim E are in a relationship other than Article 328 (1) of the Criminal Act.
Therefore, the facts charged of this case are crimes of friendship, and since victim E withdraws from the complaint after the indictment of this case, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.