CONTENTS
- 1. The Client Who Faced the Risk of Detention for Fraud

- 2. The Criminal Attorney Who Mounted a Defense Against Detention for Fraud

- - The Core of Negating ‘Intent’: Organizing the Provision of Collateral and the Transaction Structure
- - Proving the Ability and Intention to Repay Through Objective Materials
- - Highlighting the ‘20-Year Friendship’ and the Complainant's Point of Awareness
- - Explaining the Unforeseen Change in Circumstances Regarding ‘Default’
- 3. The Client Who Had Faced the Risk of Detention for Fraud: ‘Not Guilty’

- - Elements of Fraud
- - How to Respond to a Fraud Charge
- - How to Respond by Stage in the Event of Detention for Fraud
1. The Client Who Faced the Risk of Detention for Fraud
If you face the risk of detention for fraud, a prompt response is necessary. If the charge of fraud is recognized, the offender may be subject to imprisonment for up to twenty years or a fine of up to 50 million won.

This was a case in which the client suffered extreme strain as the possibility of detention for fraud was raised.
The client worked in distribution and was going through a period in which the flow of transaction funds was irregular, and temporarily borrowed funds from a longtime acquaintance.
However, unexpected circumstances subsequently arose that disrupted the repayment schedule, and the acquaintance ultimately took issue with this and proceeded to a criminal complaint.
The client responded alone, trusting in the point that “I never intended to deceive anyone from the start,” but reached indictment without the facts and the legal issues having been sufficiently organized during the investigation stage.
Only then, upon experiencing the burden of proof and the risk associated with statements in the formal trial proceedings, did the client determine that professional assistance was needed amid the anxiety that the matter could escalate into detention for fraud.
The client therefore came to Daeryun Law Firm and requested a response that would reduce the risk of detention for fraud and set the substantive truth straight.
2. The Criminal Attorney Who Mounted a Defense Against Detention for Fraud
To defend against detention for fraud, the criminal law specialist attorney responded as follows.
The Core of Negating ‘Intent’: Organizing the Provision of Collateral and the Transaction Structure
The Daeryun criminal law specialist attorney brought to the forefront the circumstance that, at the time of borrowing, the client had provided substantive collateral, such as a vehicle.
that if there had been an intent to defraud from the start, the provision of collateral would not be customary, and structured the defense in a direction that lowered the risk of detention for fraud.
Proving the Ability and Intention to Repay Through Objective Materials
The Daeryun criminal law specialist attorney emphasized that, at the time of borrowing, the client was earning a stable income and that the repayment plan was also realistically feasible.
In addition, by documenting the income structure, the flow of transactions, and the fund management plan at the time, the attorney directly contested the element of fraud that “there was no intention or ability to repay from the start.”
Highlighting the ‘20-Year Friendship’ and the Complainant's Point of Awareness
The Daeryun criminal law specialist attorney organized as a key issue the point that the complainant and the client had interacted over a long period and that the complainant was aware of the client's credit situation and circumstances.
In other words, the attorney systematically explained that the circumstance in which the complainant lent the money while aware of the risk could be a factor that weakened the finding of ‘deception,’ thereby creating a crack in the argument for detention for fraud.
Explaining the Unforeseen Change in Circumstances Regarding ‘Default’
The Daeryun criminal law specialist attorney focused on the point that the delay in repayment arose from a change in circumstances after the borrowing, in which the client failed to receive wages from the company.
This highlighted that the matter was not deception at the time of borrowing but rather default caused by an unavoidable economic situation that arose afterward, thereby blocking any interpretation leading to detention for fraud.
3. The Client Who Had Faced the Risk of Detention for Fraud: ‘Not Guilty’

In this case, where even the possibility of detention for fraud had been a concern, the court accepted the arguments of the Daeryun criminal law specialist attorney and handed down a not-guilty verdict.
As a result, the client was freed not only from the risk of criminal punishment but also from the anxiety over the possibility of an actual custodial sentence, and was able to protect his daily life and means of livelihood.
In particular, it was through the assistance of the Daeryun criminal law specialist attorney, who accurately framed the issues at the trial stage and persuasively connected the key factors of the provision of collateral, the ability to repay, the special nature of the relationship, and the change in circumstances as a matter of law, that the conclusion of escaping the risk of detention for fraud could be reached.
Elements of Fraud
In cases where detention for fraud is at issue, the key is not the ‘fact of failing to repay’ itself, but rather whether there was an act of deception and the intent to defraud, which are the elements of fraud.
In general, fraud is established when a person deceives another, causes that person to make a disposition of property, and as a result obtains a pecuniary benefit.
However, in a money-lending relationship, default does not automatically constitute fraud; rather, in many cases it must be proven that, at the time of borrowing, the borrower had no intention or ability to repay and yet concealed this or deceived the other party with false facts.
Accordingly, the following factors become important points of judgment in practice.
How to Respond to a Fraud Charge
If a fraud charge is recognized, the offender may be subject to imprisonment for up to twenty years or a fine of up to 50 million won.
If you face the risk of detention for fraud, you should respond as follows.
Stage | Key Response | Points of Caution | Points of Attorney Assistance |
Before and after the complaint | Organize the facts, preserve materials | Avoid emotional contact and arbitrary deletion | Extract the issues, design the defense strategy |
Investigation stage | Establish the structure of statements, select evidence | Avoid speculative answers and exaggerated expressions | Build the logic negating intent and deception |
After indictment, at trial | Document-centered proof, witness and material strategy | Risk of retracting statements | Multidimensional proof of collateral, ability to repay, and relational circumstances |
Before and after sentencing | Follow-up response depending on the result | Linkage to civil and collection disputes | Prevention of the spread of the dispute and presentation of a response roadmap |
If even one of the items below applies, it is necessary to check the direction of the response through a legal consultation from the early stage of the investigation.
In such a situation, it is difficult to rule out the possibility that the fraud charge will expand into a matter warranting detention. Before giving statements, please first review the structure of the case and the legal issues.
How to Respond by Stage in the Event of Detention for Fraud
For detention for fraud, the means of response and the points of proof must be set differently at each stage in order for a substantive defense to be possible.
① The Stage Before Detention for Fraud: Blocking the Request for a Detention Warrant
Where the possibility of detention for fraud is mentioned at the investigation stage, the criminal law specialist attorney first contests the point that the structure of the matter does not satisfy the requirements for detention.
The key criteria for detention for fraud are the risk of flight, the risk of destruction of evidence, and the gravity of the crime.
The criminal attorney designs a strategy to weaken the very grounds for requesting a warrant, focusing on the client's fixed residence and means of livelihood, the record of voluntary appearance and cooperation with the investigation, and the point that objective materials have already been secured so that there is no risk of destruction of evidence.
Organizing the elements of fraud (deception, intent, and defrauding) together at this stage also has a direct effect on the subsequent determination of whether to detain.
② The Stage Immediately After Detention for Fraud: Attempting Release Through a Review of the Legality of Detention
Even where detention for fraud has already occurred, the necessity of the detention can be contested again through a review of the legality of detention.
The criminal law specialist attorney argues the impropriety of the detention, focusing on whether the determination at the time of detention was excessive in terms of the facts or the law, whether the explanation regarding the elements of fraud was sufficient, and whether the detention excessively restricts the right of defense.
In particular, in matters that are close to simple default, cases in which there is room for recovery of the loss or for negotiation, and matters in which intent and deception are at issue, the possibility of early release is actively reviewed through a review of the legality of detention.
③ The Stage of Continued Detention for Fraud: Conversion to a Trial Without Detention Through Bail
Where indictment has occurred while the client is in detention, the response is to enable the client to stand trial without detention through an application for bail.
At this stage, the criminal law specialist attorney designs bail conditions that the court can accept, comprehensively considering the possibility of conditional bail, such as residence restrictions or a travel ban, the degree of progress of the examination of evidence, and the recovery of the loss and the nature of the dispute (whether civil elements exist).
In a detention-for-fraud case, the longer the state of detention continues, the greater the burden associated with statements and the restriction on the right of defense become, so it is very important to restore the defense environment itself through bail.
A detention-for-fraud case does not end with the criminal proceedings but can spread into civil debt collection, provisional attachment, and damage to business transaction relationships, so an integrated strategy is needed from the outset.
Daeryun Law Firm has a one-stop collaboration system that, with a single retainer, reviews from multiple angles not only the criminal response but also, depending on the matter, the related civil and execution issues.
If you are concerned about detention for fraud, it is important to first organize the issues and materials rather than to judge and respond alone.
Because a response tailored to the current stage (under investigation, after indictment, during trial, and so on) is needed, please review your options through a consultation based on the circumstances of the case and the materials you hold.
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