A. Fact-misunderstanding, misunderstanding of the legal principles, the instant facts charged may be prosecuted pursuant to Articles 354 and 328(2) of the Criminal Act. The victim’s awareness of the fact that the instant crime constitutes fraud is based on the victim’s statement, and there was a complaint on June 24, 2015 when six months have elapsed since it was around April 2014, and thus, the instant indictment was based on an irregular legal complaint filed after the expiration of the period for filing a complaint. Thus, the prosecution of the instant case ought to be dismissed pursuant to Article 327 subparag. 2 of the Criminal Procedure Act.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, the main text of Article 230(1) of the Criminal Procedure Act does not file a complaint after the lapse of six months from the date on which the offender becomes aware of an offense subject to prosecution subject to prosecution.

As stated in the above provision, "A person who becomes aware of a crime" means a criminal fact and a criminal offender to the extent that the person who has the right to file a complaint can file a complaint in light of the person's ordinary position, and the fact-finding that the person having the right to file a complaint knew of a criminal fact refers to the fact-finding that the person having the right to file a complaint has a conclusive perception (see Supreme Court Decisions 2001Do3106, Oct. 9, 201; 2010Do4680, Jul. 15, 201). 2) Based on the above legal principles, the case was health unit; and the following circumstances recognized by the evidence duly adopted and investigated by the court below, namely, ① the victim visited the J company to trade water, but the victim's speech is false as the rest of the defendant's speech, etc.).