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The prosecution of this case is dismissed.
Reasons
1. On April 2013, the summary of the facts charged, the Defendant concluded that “When an auction price is to be borne, the Defendant would transfer ownership to the victim C after receiving a successful bid for the auction (land) and transfer ownership in the name of the owner, and obtain a construction permit so that the house may be located.”
However, in fact, the defendant did not have a certain amount of income at the time, and even if he received the auction price from the victim and received the auction price, he did not intend to use it for the loan, repayment of existing debt, etc. using the auction (land) and did not intend to transfer the ownership of the auction property to the victim.
As such, the Defendant, by deceiving the victim as such, received a total of KRW 29 million from May 6, 2013 to the 31st day of the same month from the victim as auction proceeds, and acquired it by deception.
2. The determination is a crime falling under Article 347(1) of the Criminal Act, and under Articles 354 and 328(2) of the Criminal Act, where the victim and the offender have a relationship of kinship as prescribed under the said Articles, the prosecution may be instituted only upon the victim’s complaint.
However, according to the records, the victim C, the spouse of the defendant, was absent from E, and the defendant and the victim are in the relationship of relatives by marriage with the second degree who are not living together.
In addition, according to the agreement attached to the defense counsel's written opinion received on December 3, 2015, it can be seen that the victim expressed his/her intention that he/she would not want to be punished and would not be punished for a civil or criminal punishment later, and such victim's intention is interpreted as having expressed his/her intention to withdraw the previous intention that he/she wishes to punish (see, e.g., Supreme Court Decision 81Do171, Nov. 10, 1981).
In the end, the prosecution of this case should be prosecuted with the complaint.