The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (legal scenarios and unreasonable sentencing)

A. Of the facts charged in the instant case, a judgment of acquittal should be rendered on the ground that the statute of limitations has expired prior to the institution of public prosecution as to the fraud of the borrowed money from December 8, 2007 to April 10, 208.

However, since the court below found the defendant guilty on this part, the court below erred in the misapprehension of legal principle.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. Article 253(3) of the Criminal Procedure Act provides that “Where a criminal is located abroad to escape criminal punishment, the statute of limitations shall be suspended during that period.”

The legislative purpose of the above provision is to properly realize the penal authority by preventing the statute of limitations from proceeding during the period of stay in a foreign country where the offender stays in a foreign country where the jurisdiction of the Republic of Korea substantially falls short of the jurisdiction of the Republic of Korea is used as a means of escape.

(See Supreme Court Decision 2008Do4101 Decided December 11, 2008). Therefore, the phrase “where a criminal person stays abroad with the intent to escape criminal punishment” as prescribed by the above provision is not limited to cases where the criminal escaped abroad in order to escape criminal punishment, and it also includes cases where the criminal continues his/her stay abroad with the intent to escape criminal punishment.

(See Supreme Court Decision 2015Do5916 Decided June 24, 2015, etc.). According to the evidence duly adopted and examined by the lower court, the Defendant continued to stay in a foreign country, such as the Philippines and Indonesia, after departing from the Republic of Korea on May 2006, and entered the Republic of Korea on the grounds of health on February 7, 2018, and the Defendant committed the crime committed between December 8, 2007, when the Defendant stayed in a foreign country, and May 15, 2009.