사기
The judgment of the court below is reversed.
Acquittal of the accused shall be acquitted.
1. The summary of the grounds for appeal is not guilty, since the Defendant had the intent and ability to repay the borrowed money, and the Defendant did not deceiving the victim by making a false statement to the victim.
(E) The grounds for appeal are examined ex officio prior to the judgment.
Since the statutory penalty for each of the instant fraud, which the court below found guilty, is either imprisonment for not more than ten years or a fine not exceeding twenty million won pursuant to Article 347(1) of the Criminal Act, the statute of limitations is seven years pursuant to Article 3 of the Addenda of the Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007) and Article 249(1)3 of the former Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007
However, the completion date of the Defendant’s criminal act stated in the facts charged in the instant case is around August 25, 200 and around June 29, 2001. On the other hand, it is evident that the instant public prosecution was instituted on December 20, 201, which was seven years after such prosecution was instituted.
Meanwhile, Article 253(3) of the Criminal Procedure Act provides that "the statute of limitations shall be suspended in cases where the offender stays abroad for the purpose of escaping criminal punishment." According to the records, since the defendant is recognized to have been located abroad for five years from the end date of each of the above criminal acts to the day of the prosecution of this case, it may be possible that the statute of limitations has been suspended during that period.
However, according to the evidence duly adopted by the court below and the trial court, the defendant left the UK on September 27, 2004, and appears to have attended the UK E University in the semester 2004/05 and the semester 2009/10, and the fact that the defendant was not in the state of receiving the complaint in relation to the facts charged in this case at the time of departure (the complaint was filed only on September 29, 201), and the fact that the defendant left the Republic of Korea on September 27, 2004 and entered the Republic of Korea on February 25, 2011, not until the entry into the Republic of Korea on February 25, 201, but until the entry into the Republic of Korea on February 25, 2011, it can be recognized that the defendant had no criminal record.