CONTENTS
- 1. Settlement in a Fraud Case: The Client's Story
- - Assistance Provided by the Criminal Defense Attorney
- - The Result of the Criminal Defense Attorney's Assistance: A Non-referral Decision
- 2. Factors to Consider When Proceeding with a Settlement in a Fraud Case
- - Points to Consider When Proceeding with a Settlement in a Fraud Case
- 3. Settlement in a Fraud Case: If You Need the Assistance of a Criminal Defense Attorney
1. Settlement in a Fraud Case: The Client's Story
The story of the client, who requested a consultation regarding settlement in a fraud case, is as follows.
The client maintained a friendship with A, an acquaintance (hereinafter the victim), during a period in which the client was preparing to find employment.
At the time, the client was preparing for employment while also working a part-time job, but the client had no stable income and was experiencing financial difficulty due to the burden of rent and living expenses.
Upon hearing of the client's situation, the victim offered financial assistance, saying that it could help with living expenses and employment preparation.
The client therefore promised to repay the money and then received fifty million won as funds for living expenses and the costs necessary in the course of preparing for employment.
Afterward, due to employment preparation, the client was unable to maintain proper contact with the victim for about a year, and the victim, claiming that the client had deceived the victim and obtained the money by fraud, proceeded to file a criminal complaint on a fraud charge.
The client requested assistance from a criminal defense attorney in order to avoid punishment by using sentencing factors such as settlement in the fraud case.
Assistance Provided by the Criminal Defense Attorney
1) Clarifying the Nature of the Monetary Relationship
The criminal defense attorney emphasized that the client had not deceived the victim and obtained the money by fraud, but rather had received the money as funds for living expenses and employment preparation costs.
Accordingly, the attorney organized the message records between the two and the circumstances at the time to explain how the financial assistance had come about, arguing that it was difficult to find that the client had any intent to defraud.
2) Organizing the Records of Use and the Circumstantial Evidence
The criminal defense attorney organized the circumstances of use, such as the records of rent and living expenses and the educational expenses incurred in the course of preparing for employment, and explained to the investigative authorities that the money had been used not for personal luxury or another purpose but for the maintenance of daily life and the preparation for employment.
The attorney also submitted the message record in which the client had said, "I will be sure to repay you," thereby clearly establishing the client's intent to repay, and organized the case in a manner that left open the possibility of settlement in the fraud case.
3) Proceeding with the Settlement in the Fraud Case with the Victim
The criminal defense attorney proceeded with the settlement in the fraud case on behalf of the client.
As a result, through sufficient dialogue with the victim, the client partly resolved the misunderstanding regarding the monetary relationship and reached a settlement, and the victim also indicated that the victim did not wish to see the client punished.
The Result of the Criminal Defense Attorney's Assistance: A Non-referral Decision
The criminal defense attorney comprehensively organized the circumstances of the client's receipt of the money, the records of its use, and the fact of the settlement in the fraud case with the victim, and submitted them to the investigative authorities.
After reviewing the submitted materials and the circumstances of the case, the investigative authorities determined that it was difficult to find that the client had any intent to obtain the money by fraud.
As a result, this case was determined to be difficult to regard as subject to criminal punishment and was concluded with a non-referral decision.
2. Factors to Consider When Proceeding with a Settlement in a Fraud Case
The crime of fraud is a crime in which a person deceives another and is thereby delivered property or obtains a pecuniary benefit.
For the crime of fraud to be established, there must be a deceptive act, a mistake on the part of the victim, a disposition resulting from that mistake, and a resulting financial loss or acquisition of a benefit.
If the charge is established, the offender may be subject, under Article 347 of the Criminal Act, to imprisonment for not more than twenty years or a fine not exceeding fifty million won.
Points to Consider When Proceeding with a Settlement in a Fraud Case
When proceeding with a settlement in a fraud case, it is necessary to give due consideration to the circumstances of the case and the victim's position.
An attitude that sincerely explains the loss and anxiety felt by the victim and that demonstrates a willingness to resolve the matter may also be an important factor.
In addition, in the course of the settlement, it is necessary to clearly organize various matters, such as the size of the settlement amount, the method of payment, and whether there is an intent to seek punishment.
Because such procedures may vary depending on the progress of the fraud case and the relationship between the parties, it is important to review the direction of the response with care.
3. Settlement in a Fraud Case: If You Need the Assistance of a Criminal Defense Attorney
In the course of a settlement in a fraud case, it is important to organize the circumstances of the case and the monetary relationship objectively and to establish a direction for the response so that the negotiation with the victim can proceed smoothly.
The criminal defense attorneys at Daeryun, the ninth-ranked law firm in the Republic of Korea (based on the 2025 value-added tax filings with the National Tax Service), closely review the client's situation, organize the circumstances of the receipt of the money and the related materials, and systematically prepare the opinion to be submitted to the investigative authorities.
The attorneys also review the possibility of a settlement with the victim and coordinate the negotiation process so that the terms and procedures of the settlement in the fraud case can be clearly organized.
If you need assistance with a settlement in a fraud case, we invite you to review the response direction suited to your current situation through a 🔗legal consultation appointment.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
