The prosecution of this case is dismissed.

1. The gist of the facts charged in the instant case is that the Defendant engaged in wholesale and retail business of machinery parts with the trade name C, and the Defendant from February 1, 2012 to the same year.

3. By the end of 26.2, the Defendant’s home located in Yeonsu-gu, Incheon Metropolitan City D, 3. 5306, calls from the victim E to the Defendant’s home to “40% of monthly profit every month if the Defendant is engaged in the distribution of home machinery parts and invested money due to shortage of funds, and the money invested shall be returned at any time when the victim so wishes.

The phrase “ makes a false statement.”

However, even if the defendant receives money from the injured party as investment money, he/she did not have the intention or ability to pay 40% profits or return the investment money.

On March 27, 2012, the Defendant received USD 60,000 ($ 71,400,000) from the victim’s new bank account from the Defendant, and thereafter received delivery of KRW 2,075,44,000 in total, up to August 4, 2014, as shown in the list of crimes in the attached Table, from around 10 times until August 4, 2014.

Accordingly, the defendant was given property by deceiving the victim.

2. Determination

A. The instant case is a crime falling under Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act. In full view of the provisions of Articles 354 and 328 of the Criminal Act, the crime of fraud between lineal blood relatives, spouse, relatives living together, family members living together, or their spouse shall be exempted, and other relatives may institute a prosecution only upon a complaint. In addition, the nature of fraud under the Criminal Act is maintained even in cases where a punishment is aggravated under Article 3 (1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, which is a special law, and since there is no explicit provision that Article 354 of the Criminal Act shall be excluded from the application of Articles 354 and 328 of the Criminal Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 354 of the Criminal Act also applies to the crime of violating Article 3 (1) of the Aggravated Punishment, etc. of Specific Economic Crimes Act (Supreme Court Decision 20