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Acquittal of the accused shall be acquitted.
Reasons
1. Around June 29, 2001, the Defendant made a false statement to the effect that “If the parents of his own parents were unable to purchase an apartment at a water source, and the parents of his own parents were to receive an amount equivalent to KRW 70 million in the future, the Defendant borrowed the test money to be repaid without a mold,” at the first floor of the Daama Diplomatic Building in Japan, the Defendant made a false statement to the effect that “If the parents of his own parents were to receive an amount equivalent to KRW 70 million in the future.”
However, the defendant had no particular property at the time, and even if he stays in Japan as an illegal Stayer, it is limited to the extent that "G" operated by the above D is appropriated for living expenses once. The defendant did not have any intent or ability to repay the money even if he borrowed the money from the victim.
Around July 6, 2001, the Defendant, by deceiving the victim as above, received 2 millionN at the above temporary closure from the victim, and around July 31, 2001, issued 2 millionN at the above coffee shop at the above coffee shop at around September 5, 2001, 1 millionN at the above coffee shop at around September 5, 2001 and around September 222, 2001, a total of 8 million UN ( approximately 80 million Korean Won), including 2 millionN, at the above coffee shop.
Accordingly, the defendant was given property by deceiving the victim.
2. Determination
A. From September 22, 2001, the public prosecution of this case was instituted for the seven-year statute of limitations under Article 249(1)3 of the former Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007) since the defendant received the last money.
B. Article 253(3) of the Criminal Procedure Act provides that where an offender stays abroad in order to escape criminal punishment, the statute of limitations shall be suspended during that period.
The legislative purport of the above provision is to properly realize the penal authority by preventing the prosecution period from proceeding during the period of stay in a foreign country where the offender stays abroad where the judicial power of the Republic of Korea substantially falls short of that of the Republic of Korea.