A. Error of facts as to a crime subject to victim’s complaint and misapprehension of legal principles and the victim’s relationship with the fourth degree of relationship, constitutes a crime subject to victim’

The victim filed the instant complaint on January 15, 2019 when six months have elapsed since the Defendant was finally aware of the Defendant’s fraud (round February 2018).

Therefore, a complaint filed by a victim is unlawful with the lapse of the period for filing a complaint. The indictment of this case is based on the above invalid complaint, and such indictment procedure is invalid in violation of the provisions of the law.

Nevertheless, the court below judged that the victim's complaint was legally filed within the period of complaint, and there was an error of misunderstanding of facts or misunderstanding of legal principles as to the complaint subject to victim's complaint.

B. The sentence imposed by the lower court on the Defendant (three years of imprisonment) is excessively unreasonable.

2. Determination of misunderstanding of facts and misapprehension of legal principles as to complaints subject to prosecution on complaint

A. The Defendant and the defense counsel of the lower court asserted the same as the grounds for appeal in this part.

Therefore, in full view of the circumstances stated in its reasoning, the lower court deemed that the Defendant and the defense counsel were aware of the Defendant’s act of fraud only after the Defendant’s speech that the Defendant requested to lend or recommended investment from other private villages around September 2018 to many relatives. As such, it is reasonable to view that the Defendant and the defense counsel were lawful on the ground that the instant complaint filed on January 15, 2019, which was within six months thereafter, was lawful.

B. The main text of Article 230(1) of the Criminal Procedure Act provides that "no complaint shall be filed after the lapse of six months from the date on which the person becomes aware of the offense subject to victim's complaint shall be filed," and "the person becomes aware of the offense" in this context refers to the criminal facts and the offender to the extent that the person having the right to file a complaint may file a complaint,