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The prosecution of this case is dismissed.
Reasons
1. The Defendant, on May 27, 2017, remitted money to the victim D who intends to purchase ‘com' online using his/her smartphone (C) at the Yansan-gu, Jeonju-si, Seoul Special Metropolitan City on May 27, 2017, if he/she transfers money to the victim D to purchase ‘com' online.
A false statement was made.
However, even if the defendant receives money, he did not have the intention or ability to sell the goods.
The Defendant was transferred KRW 20,000, around May 27, 2017, to the E financial account under the name of the Bank A, from the victim, who is affiliated with the victim as such, and was transferred from the victim.
2. The institution of the public prosecution against the facts charged in the instant case was in place on August 16, 2017. This constitutes a double prosecution against the same case included in the instant case, which was instituted on July 12, 2017, the previous court 2017 senior order 1853 (which was lodged an appeal under the same court 2017 senior 1262 and continued to be in progress).
In the end, the public prosecution is dismissed in accordance with Article 327 subparagraph 3 of the Criminal Procedure Act because the case in which the public prosecution was instituted again is the case.