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(영문) 서울중앙지방법원 2014.05.02 98고합1016

특정경제범죄가중처벌등에관한법률위반(사기)

Text

Acquittal of the accused shall be acquitted.

Reasons

1. The summary of the facts charged is that the defendant, around July 1994, at the Seocho-gu Seoul Metropolitan Government C Superior, and the facts are: (a) with respect to the building of 8th floor above C, the defendant is not only the chairperson of the above D type; and (b) the defendant was not entitled to dispose of the above building because he did not invest money for the above D in the process of the bid of the above building; and (c) although there was no right to dispose of the building, he was registered as a successful bidder for the victim, "C commercial building was registered as a successful bidder for the investment of funds for D; (d) if he filed a lawsuit against the above D and F, he may recover the ownership in the future without a framework; and (e) if he borrowed money, he would transfer the above building 8th floor HH business right to the above company after filing a lawsuit against the above company, and then received the total amount of KRW 300,500,700,719,700 from the victim's 199.7.

2. According to Article 3 of the Addenda to the Criminal Procedure Act and Article 249(2) of the former Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007), the statute of limitations for an offense against which a public prosecution has been instituted shall be deemed to have expired after the lapse of 15 years from the time the public prosecution was instituted without the final and conclusive judgment. According to the records, the above case can be recognized as having been instituted on September 15, 1998 and for which 15 years have passed without the final and conclusive judgment.

If so, the prosecution of this case is to be acquitted in accordance with Article 326 subparagraph 3 of the Criminal Procedure Act since the statute of limitations has expired.