The prosecution of this case is dismissed.

1. On November 6, 2018, the Defendant called the victim B, who is his/her former employee, by phone to the victim B, who is his/her former employee, at the center of the court below, saying, “In Korea, he/she has been operating the C University Sports Academy at present, and it is necessary to pay the amount, such as the cargo pumps, and to pay the amount of KRW 30 million,00,000,000 to him/her, within three

However, on July 2, 2018, the Defendant had no intention or ability to repay the above money even if he borrowed the money from the victim, since the amount of default is equivalent to KRW 42 million and the amount of personal debt is equivalent to KRW 70 million.

Nevertheless, on November 16, 2018, the Defendant, by deceiving the victim as such, received 30 million won from the victim to the national bank account (E) in the name of D designated by the Defendant as the borrowed money and acquired it by deceiving the victim.

2. According to Article 328(2) of the Criminal Act, the facts charged of the instant case are crimes falling under Article 347(1) of the Criminal Act, which are applicable mutatis mutandis under Article 354 of the Criminal Act, where the victim and the offender are relatives other than lineal blood relatives, spouse, relatives living together, family members living together, or their spouse, a prosecution may be instituted only upon the complaint

According to the records of this case, it can be recognized that the defendant and the victim are relatives not living together, and the victim is recognized to have cancelled the complaint against the defendant on February 28, 2020 after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.