On January 2014, the Defendant told the Defendant’s house located in Suwon-si, Suwon-si, Suwon-si, 124 Dong 103, Suwon-si, to the effect that “The Defendant would pay money to the Defendant to the Defendant, and to pay money to the Defendant without molding it up to two months after lending money.”

However, around that time, the defendant was liable for the personal debt of approximately KRW 20 million, and even if he borrowed money from the injured party due to no particular income, he did not have any intent or ability to repay within that time limit.

On January 8, 2014, the Defendant, by deceiving the victim as such, obtained the delivery of KRW 18 million from the victim as the borrowed money from the victim.

2. Determination

A. The facts charged in the instant case are crimes falling under Article 347(1) of the Criminal Act. According to Articles 354 and 328(2) 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 complaint.

In this case, since the defendant and the victim are relatives by marriage in the fourth degree, the facts charged in this case constitute a crime subject to prosecution which can be prosecuted only upon the complaint of the victim.

B. 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.

Provided, That in cases of force majeure for which a complaint cannot be filed, it shall be counted from the date when such cause ceases to exist.

"........"

In this context, the term "competence of a criminal" means that a person who has the right to file a complaint knows criminal facts and criminal facts to the extent that the person who has the right to file a complaint can file a complaint, and that a person who has the right to file a complaint knows criminal facts, has a conclusive perception of facts that the person has suffered damage to a crime subject