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The prosecution of this case is dismissed.
Reasons
1. On May 2010, the Defendant and C of the facts charged: (a) had no intent or ability to develop so-called “one game beauty program” to read the other party’s plaque while gambling, etc., the Defendant and C of the facts charged conspired to acquire money from the victim D, who is the seat of interest C between the Defendant and the Dong, for the purpose of developing the said program.
C In this regard, in the "F" law firm located in Young-gu, Nowon-gu, Youngcheon-gu, 2010 on August 16, 2010, if the victim invests KRW 45 million in the "development of one game beauty program", C shall develop a program and guarantee the victim's profit of KRW 5 million from three months after the investment and pay KRW 6 million after the lapse of five months.
“Falsely speaking to the purport that it is “,” and a promissory note was issued to the effect that such investment proposal was notarized.
The Defendant and C, as seen above, had a total of 45 million won, including KRW 25 million, around August 18, 2010, KRW 10 million around September 14, 2010, KRW 10 million around September 28, 2010, and KRW 10 million around September 28, 2010.
As a result, the defendant and C conspired to acquire a total of 45 million won from the damaged person.
2. The facts charged in the instant case are crimes falling under Article 347(1) of the Criminal Act. Since the Defendant and the victim are relatives by marriage in the second degree as stated in the facts charged, it is subject to victim’s complaint pursuant to Articles 354 and 328(2) of the Criminal Act.
Article 230 (1) of the Criminal Procedure Act shall not file a complaint after the lapse of six months from the date on which he becomes aware of the offender in relation to an offense subject to victim's complaint.
Provided, That in cases of force majeure for which a complaint cannot be filed, it shall be counted from the date when such cause ceases to exist.
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Here, "competence of a criminal" means that a person who has the right to file a complaint knows a criminal facts and criminal facts to the extent that the person who has the right to file a complaint can file a complaint, and the fact that a person who has the right to file a complaint knows a criminal facts is a victim of a crime