The prosecution of this case is dismissed.

1. On July 2012, the Defendant agreed to sell the instant facts charged to the victim’s actual share of KRW 2,200,000,000,000, excluding the amount of loan succession under subparagraph 104 of the said subparagraph, at the E cafeteria operated by the victim D in the window C of Changwon-si, Changwon, the Defendant agreed to sell the victim’s actual share of KRW 2,200,000,000,000,000,000,000 won.

However, at the time of fact, the above building owned 1/5 shares of the Defendant together with 4 persons, including G, and in particular G was able to cooperate in the transfer of ownership pursuant to the sale and purchase of 104 units of the above building on the premise that the amount of money equivalent to the shares in the above building would be fully paid and the shares are adjusted. However, even if the Defendant received a nominal payment from the damaged party, it was thought that the Defendant would use the overdue loan payment and the interest payment for the loans for the factory site in the process of the construction of the factory site in the Gyeongwon-gun, Gyeongnam-gun, Gyeongnam-gun, and there was no other means to adjust the shares of the co-owner. Therefore, even if he received the payment from the damaged party, G did not have any intention or ability to transfer its ownership

As above, the Defendant, by deceiving the victim as above, received the total amount of KRW 40 million from the victim as the purchase price, around July 23, 2012, KRW 60 million around July 24, 2012, KRW 70 million around August 2, 2012, and KRW 32 million around November 30, 2012, including KRW 32 million.

2. According to Articles 354 and 328(2) of the Criminal Act, the facts charged in the instant case are crimes falling under Article 347(1) of the Criminal Act, where a crime under Article 347(1) of the Criminal Act is committed among lineal blood relatives, spouse, relatives living together, family members living together, or relatives other than their spouse, a public prosecution may be instituted only upon a complaint by the victim.

According to the records, the victim D is the defendant's wife at the time of the crime of this case.