Acquittal of the accused shall be acquitted.

1. On March 9, 2007, the Defendant would pay 100,000 U.S. dollars from “BAG Bank” located in BAG to the victim D, including, but not limited to, money borrowed prior to three years after lending money to operate Taekwondo head and private house.

The phrase “ makes a false statement.”

However, the defendant, in Korea, was liable for the debt of KRW 350,000,000 to the Handong Saemaul Bank in Korea, the debt of KRW 90,000 to the Bank, and KRW 7,50,000 to the Gyeongbuk Mutual Savings Bank in Korea. On June 3, 2005, the defendant did not have any particular property and did not have any intention or ability to repay the debt even if he borrowed money from the injured party due to the lack of the Taekwondo bus certificate.

The Defendant, as such, by deceiving the victim, received delivery of 30,000 U.S. dollars (45 million Korean Won) from the injured party.

2. Determination

A. Article 253(3) of the Criminal Procedure Act provides that where the offender stays 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 a criminal from being prosecuted during the period of stay in a foreign country where the criminal stays abroad whose judicial power does not substantially reach the Republic of Korea and is used as a means of escape.

Therefore, the phrase “where the offender stays abroad to escape criminal punishment” prescribed by the above provision is not limited to cases where the offender has escaped abroad with the aim of committing a crime in Korea and escaping criminal punishment, and the offender also includes cases where he/she continues to stay abroad for the purpose of evading criminal punishment (see Supreme Court Decision 2015Do5916, Jun. 24, 2015). Moreover, the aforementioned phrase “the purpose of escaping criminal punishment” is not limited to cases where the offender is the only purpose of staying abroad, but is also limited to cases where he/she stays abroad.