The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant’s wife F borrowed KRW 450 million from the Victim G, and it was impossible to repay it to the Defendant, on June 16, 2010, at the victim’s request, the Defendant’s wife F’s wife attached 2 bonds, including Jongno-gu Seoul, Jongno-gu, and one parcel of housing, and the Defendant’s wife’s wife deleted it.

On June 24, 2014, the Defendant, at the Defendant’s office located in Jongno-gu Seoul Metropolitan Government Jongno-gu, concluded that “If the Defendant cancelled provisional seizure, he/she would obtain a loan of the said house as security and repay not only the victim’s obligation to the victim, but also the Defendant’s obligation to the deniedJ at the time of the victim’s transfer.”

However, the defendant did not have the intent or ability to repay the obligations to the victim and the J even if the victim has cancelled provisional seizure.

On July 11, 2014, the Defendant: (a) by deceiving the victim; (b) obtained all documents necessary to cancel provisional seizure from the injured party; and (c) cancelled the registration of the provisional seizure from the registry office of the Jung-gu Seoul Central District Court; and (d) obtained F the pecuniary benefits equivalent to KRW 450 million by cancelling the registration of the provisional seizure.

2. Determination

A. According to Articles 354 and 328(2) of the Criminal Act, frauds between lineal blood relatives, spouse, relatives living together, family members living together, or relatives other than their spouse may be prosecuted only upon a complaint.

Article 767 of the Civil Act provides that "the spouse, blood relatives, and relatives by marriage shall be relatives," and Article 768 of the Civil Act provides that "the lineal ascendant or descendant and lineal ascendant or descendant of his/her own lineal ascendant or descendant and the sibling of his/her sibling, the lineal ascendant or descendant of his/her lineal ascendant or descendant of his/her sibling, the sibling of his/her lineal ascendant or descendant of his/her lineal ascendant or descendant, and the lineal ascendant or descendant of his/her sibling of his/her sibling shall be relatives by blood."

According to the records, the defendant and the victim are blood relatives between South and North Korea, so the facts charged of this case are Articles 354 and 328 of the Criminal Act.