The prosecution of this case is dismissed.

1. The summary of the facts charged is the victim D who operates a restaurant as a box located near the C factory construction site in Class B.

In operating the above restaurant together with the victim, the defendant provided that the E-cooperative account (F) in the name of the defendant is used for food expenses and food expenses, and the defendant kept the balance of the above account used for the operation of the above restaurant for business purposes.

On June 12, 2018, the Defendant: (a) transferred KRW 15,734,348 from the above account to the above G to demand the payment of the credit card price by G Co., Ltd. issued by the Defendant’s personal debt; (b) transferred KRW 29,659,192 from the above account to the above H in terms of repayment of the credit card price; and (c) transferred KRW 15,734,348 from the above account to the above G in the same place on July 12, 2018.

Accordingly, the defendant embezzleds the property of the victim who has been kept in business.

2. The facts charged in the instant case are crimes falling under Articles 356 and 355(1) of the Criminal Act, which are applicable mutatis mutandis under Article 361 of the Criminal Act, and where there is a relationship between the victim and the offender as prescribed in Article 328(2) of the Criminal Act, a public prosecution may be instituted only when the victim files a complaint. According to the records, the victim is recognized as a relative by blood in the second degree who is not living together with the defendant, and thus, there is a relationship of relationship as prescribed in the above provision. Since the victim can be acknowledged as having withdrawn the complaint against the defendant on June 12, 2019, which is after the prosecution of the instant case was instituted, the prosecution of the instant case is dismissed pursuant to Article 327(5) of the Criminal Procedure