특정경제범죄가중처벌등에관한법률위반(사기)
Acquittal of the accused shall be acquitted.
1. The Defendant was the representative director of the Company B (hereinafter “B”), who was the second floor victim D (hereinafter “victim”) of the building in Seocho-gu Seoul, Seocho-gu, Seoul (hereinafter “victim”) around January 2004, the Defendant stated that “The victim is promoting the incineration facility business in Llurlelele, and may immediately raise more than a few times of the investment money to the victim, but at the present time, he would make half of the profits accrued after the implementation of the business if he/she invests money due to a shortage of business funds.” The Defendant stated that “The Defendant would make half of the profits accrued after the implementation of the business from the investment bank account of the said Corporation around the 28th of the same month from the person who believed it, 50,000 won in the said corporate foreign exchange bank account around the same month.”
3. 10 million won around October, and the same year.
4. 27. A person who received a remittance of KRW 50 million on or around the 27.m., and received KRW 11.7 million in cash twice in the absence of the date thereafter.
However, the defendant did not have the ability to successfully promote the incineration facility business, and even if he received the investment money, he did not have the intent or ability to make half of the profits accrued after the implementation of the business by raising more than a few times the investment money immediately.
Accordingly, the defendant deceivings the victim and obtained a delivery of 760,1700,000 won from the victim.
2. Issues;
A. According to Article 3(1)2 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 11304, Feb. 10, 2012) and Article 347(1) of the Criminal Act, the crime as stated in the facts charged in the instant case is imprisonment with prison labor for at least three years, and the indictment is seven years in accordance with Article 3 of the Addenda to the Criminal Procedure Act (amended by Act No. 8730, Dec. 21, 2007) and Article 249(1)3 of the former Criminal Procedure Act (amended by Act No. 8730, Dec. 21, 2007).
It is evident that the instant public prosecution was instituted on June 7, 2018, seven years after each date of the facts charged.
B. In this regard, the defendant and his defense counsel completed the statute of limitations of the prosecution of this case.
The prosecutor asserts that the defendant is "the defendant on January 3, 2007."