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The prosecution of this case is dismissed.
Reasons
1. The Defendant charged with the instant charges: (a) at the victim E’s house located in Sung-gu Daejeon Daejeon Daejeon District Office 701 Dong-dong 501, the victim “at the level of KRW 50-6 billion in property; and (b) at the public university sports education department at the public university, the Defendant is a full-time lecturer.
G building in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do and its father's land will be sold at auction and to receive a successful bid, and if there is a shortage of money, 300,000 won per month shall be paid with interest, and the principal shall be repaid by October 30, 2010 without molding it.
“A false representation was made.”
However, the Defendant did not have any property at the time, and did not have worked as a full-time lecturer at a public university, and even if he borrowed money from the injured party, he did not have any intention or ability to complete the payment.
In this regard, the Defendant: (a) by deceiving the victim as above; (b) received KRW 50 million from the victim’s residence around November 16, 2009 from the victim; and (c) from that time until December 12, 201, the Defendant received KRW 1.16 million in total on six occasions due to the following: (a) G auction successful bid costs and operating funds; (b) the purchase funds for school sites adjacent to the museum; (c) the Gangwon Information Culture Promotion Institute of Gangwon-do Myunkk-si (Ukkkwon), and the development funds for animation in the name of animation.
2. According to the trial records of this case, the defendant and the victim are relatives of the fourth degree who are not living together.
Article 354 of the Criminal Act applies to the crime of violation of Article 3(1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (see Supreme Court Decision 99M1, Oct. 13, 200, etc.). Therefore, the prosecution of this case can be filed in accordance with Articles 354 and 328(2) of the Criminal Act.
The trial records of this case were bound in the trial records of this case.