사기
The prosecution of this case is dismissed.
1. On August 2018, the Defendant stated in the facts charged that “In order to make a corporation related to the electric vehicle charging machine, there is a need to prove the balance of the corporation, but only KRW 240 million loan 10,000,000,000, the Defendant will pay 13% interest per annum after 10,000,000 won.”
However, the Defendant was thought to use the borrowed money from the victim for other purposes, such as personal debt repayment, etc. immediately after using the borrowed money for proving corporate balance, and there was no intention or ability to repay the borrowed money within 10 days as promised.
Nevertheless, on September 17, 2018, the Defendant, by deceiving the victim, received 2.4 million won from the victim to the new bank account (C) in the name of the Defendant.
Accordingly, the defendant was given property by deceiving the victim.
2. Determination
(a) Applicable provisions of Acts: Article 347 (1) of the Criminal Act;
(b) An offense subject to prosecution upon complaint: Articles 354 and 328 (2) of the Criminal Act.
C. Revocation of complaint by the victim after the prosecution of this case
(d) Judgment dismissing public prosecution: Article 327 subparagraph 5 of the Criminal Procedure Act;