beta
(영문) 서울동부지방법원 2018.02.19 2017고단1745

사기

Text

Acquittal of the accused shall be acquitted.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant was at the victim C’s house located in Seongbuk-gu Seoul Metropolitan Government around September 4, 1991; and (b) the Defendant did not have the intent or ability to repay the borrowed money from the injured party; (c) the Defendant

The husband of the Republic of Korea is running a business with D, and the husband of the Republic of Korea makes a false statement that he/she will repay the business fund to the victim, and he/she received 14 million won from the victim of the E bank account (F) in the name of the defendant on the same day. From around that time to September 21, 1993, he/she received 350 million won in total from around 55 times, such as the list of crimes in the attached list of crimes, and received 35722 million won in total from the victim or acquired property benefits.

2. Whether the period of prescription has expired;

A. Since the statute of limitations expired, the crime in the facts charged of this case is a crime of fraud, which constitutes an imprisonment with prison labor or a fine with prison labor for not more than ten years under Article 347(1) of the former Criminal Act (amended by Act No. 5057 of Dec. 29, 195), Article 3 of the Addenda to the former Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007), Article 249(1)3 of the former Criminal Procedure Act (amended by Act No. 5054 of Dec. 29, 1995), and Article 249(1)3 of the former Criminal Procedure Act (amended by Act No. 5054 of Dec. 29, 2007), the statute of limitations expires after the amendment by Act No. 8730 of Dec. 21, 2007.

is the same.

However, the instant public prosecution is clearly recorded in the record that the indictment was instituted on June 19, 201 after the lapse of seven years from September 21, 1993, which was the last day of the criminal act written in the indictment, and thus, barring special circumstances, such as the interruption of the statute of limitations after the completion of the indictment, the instant public prosecution constitutes a case where the prosecution was instituted after the completion of the statute of limitations.

B. Whether the statute of limitations is suspended or not, the prosecutor was newly established under the former Criminal Procedure Act, amended by Act No. 5054, Dec. 29, 1995.