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(영문) 대전지방법원 천안지원 2014.05.21 2014고정154
사기
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the denial of the victim C's birth under the age of 65.

On April 19, 2013, the Defendant called, at his own house located in Gwanak-gu in Seoul Special Metropolitan City, that “The Defendant was selected to lease a house at a low price to a person released from the Ministry of Justice or a person released from the Ministry of Justice. However, there is no security deposit for lease.”

However, at the time, the lease deposit of the above lending was not more than 2.55 million won, and even if the above amount was received from the victim, the defendant did not have the intention or ability to use it as the lease deposit for the above lending.

As such, the Defendant, by deceiving the victim, received KRW 4,967,00 from the victim to the new bank account (F) in the name of the Defendant around April 19, 2013, and acquired it by deceiving the victim.

2. Determination is an offense falling under Article 347(1) of the Criminal Act, which can be prosecuted only when a victim files a complaint pursuant to Articles 354 and 328(2) of the Criminal Act.

According to the statement of withdrawal written by C which was bound in the public trial records, the complainant C may recognize the fact that he/she revoked the complaint against the defendant on March 26, 2014, which was after the prosecution of this case was instituted.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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