Case of Assistance by a Fraud Attorney | Client Accused of the Crime of Fraud by a Former Partner, Non-Referral

In the past, the client had been unable to arrange hospital expenses in time due to difficult financial circumstances, and her boyfriend at the time, having learned of this, remitted 30 million won to the client and provided financial support.

However, the two later broke up, and several years afterward the ex-boyfriend abruptly demanded the return of the amount, claiming that it constituted money he had lent.

The client said she thought it was contact made out of spite and did not take it seriously; however, the ex-boyfriend (hereinafter the "accuser") went so far as to file a written accusation for the crime of fraud on the ground that he had not been repaid.

The client said, "It was clearly money that my boyfriend gave at the time without any conditions, so I cannot understand why he is suddenly making this claim after we broke up," and requested the help of the fraud attorney in responding to the accusation of the crime of fraud.

Before mounting a full response, the fraud attorney clearly organized the key issues of the case.

Through this, the attorney set the direction of the argument centered on the point that there was no room to expand the interpretation of this matter into the crime of fraud.

The accuser claimed that the money in this case constituted loaned money, and asserting that the client had defrauded him of his money even though she had no ability to repay, he had filed not only the accusation for the crime of fraud but also a civil suit for return.

In response, the fraud attorney secured the memo record at the time of the remittance and emphasized that, on the basis of the record indicating that the money was entered as a "gift," no relationship of loan had been established.

In addition, the attorney actively demonstrated that, since the client had the financial means to repay, the intent to defraud could not be recognized, by submitting the following materials.

In particular, the complainant asserted that the client had not actually received treatment at the hospital and denied that any treatment costs had been incurred.

In response, the fraud attorney secured the client's treatment records and the hospital cost calculation materials, and submitted objective evidence showing that treatment had in fact been provided and that the costs had been paid by card.

Through this, the attorney emphasized that the complainant's assertion differed from the facts and amounted to nothing more than a false claim.

According to Supreme Court precedent, the crime of fraud is established when a person deceives another, causes that person to fall into error, and thereby obtains property or a pecuniary benefit through a disposal of property resulting from that error.

See Supreme Court Decision 87Do1872, March 8, 1988, and Supreme Court Decision 2011Do8829, October 13, 2011, among others

The crime of fraud may be punished as follows under the Criminal Act (Penal Code).

In addition, criminal liability may be recognized even when the offense remains an attempt, so an early response to the case is of great importance.

If the gain obtained through fraud is 500 million won or more, the Act on Aggravated Punishment of Specific Economic Crimes applies, and the level of criminal punishment increases significantly.

A property crime case such as the crime of fraud is not one from which a person can escape merely by asserting that they "did not know it was money that had to be repaid" or that they "did not have such an intention at first."

Therefore, a careful and strategic response is necessary from the initial statement stage.

The criminal law specialist attorneys of Daeryun LLC, the ninth-largest law firm in the country (based on the 2025 value-added tax filings), focus on key issues such as whether deception occurred, the intent to defraud, and the intention and ability to repay, and they precisely review the facts and evidence to accurately identify the essence of the case.

In addition, throughout the investigation and trial stages, they carefully organize the factors that may affect sentencing, and they systematically prepare materials such as evidence of remorse, efforts toward recovery of the victim's losses, and contextual evidence to provide assistance aimed at reduction of sentence and lenient treatment.

If you have become involved in a fraud case under circumstances such as those described above, 🔗Legal Consultation Reservation may help you receive legal assistance suited to the stage and circumstances of your case.