Defendant

Prosecutor

Modernness

Attorney Park Sang-soo (Korean)

Suwon District Court Decision 2010 Godan1978 Decided December 1, 2010

The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

In light of the overall circumstances such as denying the Defendant’s deception, it is difficult to view that the victim had finally recognized the intent of deception or deception of fraud even before filing the instant complaint, and therefore, the lower court erred by misapprehending the legal doctrine on the degree of the filing period of the offense subject to victim’s complaint, thereby adversely affecting the conclusion of the judgment.

2. Determination

Examining the reasoning of the lower court and the record, it is justifiable for the lower court to dismiss the instant public prosecution on the grounds of its stated reasoning.

3. Conclusion

Thus, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act since it is without merit.

Judges Lee Sung-gu (Presiding Judge)