beta
Text
The prosecution of this case is dismissed.
Reasons
1. On December 3, 2012, the summary of the facts charged is as follows: (a) the Defendant: (b) at the victim F’s house located in Dongjak-gu Seoul Metropolitan Government E on December 3, 2012; (c) the victim was unable to receive KRW 63 million from the Defendant; and (d) applied for compulsory auction on the Songpa-gu G and its ground buildings owned by the Defendant to the Seoul Eastern District Court; and (b) upon knowing that the decision to commence the auction on November 30, 2012 was rendered, the Defendant applied for a compulsory auction, and (c) voluntarily withdrawn the bank loan to the victim; and (d) the Defendant would have repaid the obligation by
Even if he/she does not repay his/her debt, he/she shall apply for auction again.
The phrase “ makes a false statement.”
However, since the defendant had already been entrusted to a trust company and transferred ownership, it was impossible to apply for an auction again after the withdrawal of the auction, and even if the victim withdraws the auction, he did not have the intent or ability to pay the above 63 million won.
Accordingly, the Defendant, by deceiving the victim as such, had the victim gain pecuniary benefits equivalent to the same amount by withdrawing the auction on December 4, 2012.
2. The facts charged in the instant case are crimes falling under Article 347(1) of the Criminal Act, and pursuant to Articles 354 and 328(2) of the Criminal Act, where a crime is committed between the victim and his/her relatives other than lineal blood relatives, spouse, relatives living together, family members living together, or his/her spouse, a public prosecution may be instituted only when a criminal complaint is filed.
According to the records, the defendant and the victim F are not living together with the defendant and the victim F, and the facts submitted to this court on January 19, 2016, after the institution of the prosecution of this case, the agreement and withdrawal of complaint prepared by the victim, can be acknowledged. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.