The prosecution of this case is dismissed.

1. The summary of the facts charged in this case is that the Defendant: (a) in the victim D’s residence located in Ulsan-gu, Ulsan-gu, Seoul-do around May 15, 2014, set up a commercial house in Ulsan-gun E; and (b) the construction cost is insufficient.

The loan of KRW 200,000,000,000 was made by means of falsity, stating that the repayment will be made by adding the interest of KRW 30,000 after two months.

However, at the time, the Defendant was scheduled to do so by the Studio Corporation in Ulsan-gun, Ulsan-gun, and it was difficult for the Defendant to take account of the circumstances of the Fund at the time of borrowing KRW 200 million from the victim. Even if borrowing KRW 200 million from the victim, the Defendant was thought to use it as the above F Studio and the construction cost. At the time, the Defendant was constructing the above F Studio in the state where he was liable for the total amount of KRW 53,00,000 for the loans and the construction cost, and even if he disposes of the above commercial house in which the Defendant was in possession of the Defendant, there was a lack of an intention or ability to repay it even if he borrowed money from the damaged party.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 100 million around May 15, 2014 from the victim as the borrowed money from the victim; and (c) transferred KRW 100 million to the national bank account in the name of the Defendant on May 22, 2014.

2. 판단 이 사건 공소사실의 피해자는 동거하지 아니하는 피고인의 매제( 妹弟) 임 따라서 이 사건은 피해자의 고소가 있어야 공소를 제기할 수 있는 범죄인 바( 형법 제 354 조, 제 328조), 피해자가 피고인의 처벌을 원하지 않는다는 의사를 표시하였음 공소 기각 판결( 형사 소송법 제 327조 제 5호)