The judgment of the court below is reversed.

The prosecution of this case is dismissed.

1. Summary of grounds for appeal;

A. In light of the legal principles and the victim C are blood relatives in a private relationship, the instant facts charged constitute an offense subject to prosecution subject to prosecution pursuant to Articles 354 and 328(2) of the Criminal Act. Since C sought the father's J around the spring of 2012 and mentioned the Defendant's complaint against the Defendant, the Defendant was aware of the circumstances that the Defendant was the criminal of fraud around that time.

However, the instant complaint was filed around January 2016, and thus, the instant indictment is null and void in violation of the statutory provisions.

Nevertheless, the lower court erred by misapprehending the legal principles as to relative status and the period of filing a complaint subject to victim’s complaint, thereby adversely affecting the conclusion of the judgment.

B. In relation to the mistake of facts ① [Attachment 1] No. 1 of the List of Crimes (the defraudation by fraud of KRW 30 million on April 14, 2009), the Defendant was entrusted with the fund-raising of F (the Defendant’s father, J, C’s father and K are deemed to be a penalty, and L’s son, which is the remaining son) in the relationship between the Defendant and C, and it was merely received as part of the start-up fund of the Mudio Broadcasting in Gangnam-gu Seoul, Seoul on behalf of F, and merely received as part of F.

Therefore, there was no intention to commit fraud.

② As to the attached crime Nos. 2 (the defraudation of KRW 30 million on June 25, 2009), around June 2009, the Defendant borrowed the leased deposit from C due to the lack of the leased deposit by holding the director in the permission of the Defendant, and immediately thereafter, the Defendant attempted to repay the loan from F. However, as the Defendant’s father did not do so and there was no intention to commit fraud because he performed it around September 11, 2009.

③ In relation to the attached list Nos. 3 through 7 (the sum of 77.7 million won from November 30, 2009 to April 23, 2010), the Defendant lent from C the corporate bonds play amounting to KRW 77.7 million for the name of the seed money or the fund for the proxy driving business, while playing money against N et al. who is working for M Studal harassment.