The prosecution of this case is dismissed.

1. The summary of the facts charged in the instant case is as follows: (a) the Defendant, on November 3, 201, at the residence of the victim D, who is the sixth degree of relative relationship of the Defendant in Busan Shipping Daegu C and 102 dong 602, around November 3, 201; and (b) the Defendant, “in the instant case, the Defendant

There is a need to pay money in the office, and there is a loan of KRW 10 million, and it will be repaid three months later.

“Falsely speaking to the effect that it was “,” and as of the same day, it was remitted to the Defendant’s Busan Bank Account from the injured party as the borrowed money.

However, the Defendant did not have any particular property or income at that time, and was in excess of his/her obligation due to overdue payment on credit card. Therefore, even if the Defendant borrowed such money from the injured party, the Defendant did not have the intent and ability to repay it as promised.

After all, the Defendant deceivings the victim as above, and received delivery of KRW 10 million from the victim.

2. Determination

A. The facts charged in the instant case are crimes falling under Article 347(1) of the Criminal Act. According to Articles 354 and 328(2) of the Criminal Act, where a crime under Article 347(1) of the Criminal Act is committed among lineal blood relatives, spouse, relatives living together, family members living together, or relatives other than their spouse, a public prosecution may be instituted only upon complaint.

In this case, since the defendant and the victim are relatives by marriage in the sixth degree, the facts charged in this case constitute a crime subject to prosecution which can be prosecuted only upon the complaint of the victim.

B. The main text of Article 230(1) of the Criminal Procedure Act does not file a complaint after the lapse of six months from the date on which the offender becomes aware of an offense subject to prosecution subject to prosecution.

Provided, That in cases of force majeure for which a complaint cannot be filed, it shall be counted from the date when such cause ceases to exist.

"........"

In this context, the term "a person who becomes aware of an offender" means that the person who has the right to file a complaint knows a crime and the offender to the extent that the person who has the right to file a complaint can file a complaint. The fact that the person who has the right to file a complaint knows a crime is subject