The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the statute of limitations shall be suspended during the period of stay abroad, since it is sufficiently recognized that the defendant has left or stayed abroad to escape criminal punishment. However, the court below rendered a judgment of acquittal on the ground that the statute of limitations has expired since it is difficult to readily conclude that the defendant's stay abroad was the purpose of escaping criminal punishment. The court below erred by misapprehending the legal principles or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged is as follows: (a) on March 3, 2002, the Defendant made a false statement to the effect that, “The Defendant was able to use money for a visa and passport, clothes, cosmetics, etc. for the personal use of three persons who are to work as employees” by phoneing the victim C who was operating the main store in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul and sought employees in Japan, or by using the victim’s seat. However, even if the Defendant received the above money from the victim, he did not have the intent or ability to seek a person to work normally as an employee as above, as the promise was given,. The Defendant received from the victim a total of KRW 10,500,000,000 from April 3, 2002, and KRW 7.5 million around April 6, 2002, and the Defendant received KRW 105,050,000,000 from the victim.”

On January 14, 2002, the Defendant made a false statement to the victim “E” company located in Gangnam-gu Seoul Metropolitan Government D, stating that “The Defendant would deliver clothing to the person in charge and pay the price within 20 days per week.”

However, even if the defendant is supplied with goods by the victim company, he/she shall pay the price normally as agreed.