The prosecution against the defendant is dismissed.

1. The summary of the facts charged is as follows: (a) the Defendant, along with C, intended to operate the telecom with D while running the telecom; (b) but the fund was insufficient; (c) purchased the cargo vehicle under the name of the Defendant or the victim E, and conspired to use it for lending.

After the public offering as above, around March 15, 2012, the Defendant and C made phone calls to the victim, and “The Defendant wishes to obtain a security loan while purchasing bit,” and the Defendant will change the name of the company and make a repayment immediately after the receipt of a security loan. To the type, the Defendant borrowed the name of the driver, so that the company can purchase the freight vehicle from the company.”

However, when the defendant and C have purchased a vehicle from the victim and received a loan, they would be able to use both the defendant and C's personal debt or business fund, etc., and they did not have the ability to repay the loan or change the debtor to the above company operated by the defendant and C.

Nevertheless, the Defendants conspired as above by deceiving the victim, thereby making the obligor for the loan secured by the FT, which is the FT owned by an inventive enterprise, to obtain pecuniary benefits equivalent to 90 million won from the Aju Capital Co., Ltd. around March 15, 2012, after receiving the transfer of the loan amounting to KRW 99 million from the Aju Capital Co., Ltd.

2. Determination and conclusion of the facts charged are complaints subject to prosecution which can be instituted only when the victim files a complaint pursuant to Articles 354 and 328(2) of the Criminal Act.

However, since the defendant's arbitr or the victim's withdrawal of a complaint is confirmed to have been submitted to this court on September 18, 2015, after the prosecution was instituted, the prosecution against the defendant is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.