The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. On July 31, 2014, the Plaintiff’s summary of the Plaintiff’s assertion filed a criminal complaint against B on the suspicion that he/she was obtained by defraudation of KRW 26970,00 from B, a used vehicle dealer, and the prosecutor in charge of such accusation case (hereinafter “instant accusation case”). Around July 31, 2014, the Prosecutor charged only a part of the case with fraud and issued a non-prosecution disposition to the effect that

As a result, B was sentenced to a minor sentence, which is a stay of execution of imprisonment, with respect to the above charged contents, and the Plaintiff also lost the relevant civil procedure, thereby resulting in damage equivalent to KRW 269.7 million.

Therefore, the defendant is liable to compensate for damages suffered by the plaintiff due to the improper investigation of the above prosecutor in accordance with the State Compensation Act.

2. Determination

(a) Determination of commencement or termination of an investigation is an act entrusted to the extent of reasonable discretion so that the investigative agency can exercise properly its authority in response to all circumstances.

Therefore, in light of the legislative intent and purpose of the Criminal Procedure Act, which grants authority to an investigation agency to make a judgment on this issue illegal, it should be deemed that the investigation agency’s failure to take necessary measures according to specific circumstances is deemed considerably unreasonable or that it has reached the degree that it is considerably impossible to affirm rationality in light of the empirical rule and logic.

(See Supreme Court Decision 2004Da14932 Decided December 7, 2006, etc.). B.

In light of the above legal principles, the evidence submitted by the Plaintiff alone is insufficient to recognize that the procedure or method conducted by the prosecutor in charge of the instant accusation case in the course of investigation and non-prosecution disposition, etc. on B is considerably unreasonable, or that it is difficult to affirm the reasonableness in light of the empirical rule or logical rule, and there is no evidence to acknowledge otherwise.

In addition, the above prosecutor.