The prosecution of this case is dismissed.

The defendant, in the facts charged, borrowed money from the victim B's B's usheshesheet, and received a high rate of interest in the D's bond business after the victim lent money to the D's bond business, which led to the trust in D's bond business, the defendant used this to deliver the money to the victim to obtain a high rate of interest and to acquire money as if it would raise a high rate of interest income.

On April 21, 2006, the Defendant made a false statement to the effect that “The Defendant would pay monthly interest to the victim as a profit from lending money to D’s credit business” at the victim’s house located in Yongsan-gu Seoul Metropolitan Government.

However, even if the defendant received money from the victim, he did not deliver it to D, and was thought to invest in shares, PF funds, etc. individually, and there was no intention or ability to pay interest and principal to the victim as above.

The Defendant received 22 million won from the victim to the F Bank account (G) account in the name of the Defendant on the same day, and received 13 times from around that day to November 13, 2009 a total sum of 949,362,50 won under the same name, such as the list of crimes in attached Form 13 times from that time.

According to the provisions of Articles 354 and 328(2) of the former Criminal Act, a crime of fraud between lineal blood relatives, spouse, relatives living together, family members living together, or relatives other than their spouse may be prosecuted only upon a complaint. The nature of a crime of fraud under the Criminal Act is maintained even in the case of aggravated punishment under Article 3(1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter “Special Economic Crimes Act”), and there is no express provision that the application of Articles 354 and 328 of the Criminal Act on the Aggravated Punishment, etc. of Specific Economic Crimes shall be excluded from the application of Article 3(1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (see, e.g., Supreme Court Decision 2008Do7614, Oct. 23, 2008).