Gwangju Fraud Attorney Assistance | Client Charged With Fraud Has Sentence Reduced to a Suspended Sentence With the Assistance of a Gwangju Attorney

The client who requested assistance from the Gwangju fraud attorney was charged by an acquaintance with loan fraud.

The client called an acquaintance with whom the client had been on close terms and said, "My relative is a horse-racing jockey, and I will grow your money using horse-racing information," thereby enticing the acquaintance to deposit money.

However, the client had debts and had no ability to repay the money.

In the end, the acquaintance deposited the money but did not get it back for more than several years.

Accordingly, the victim filed a complaint against the client, and the client, who received a term of imprisonment at the trial court, came to a Gwangju attorney to seek a reduction of sentence.

▶Crime of Fraud (General Fraud, Fraud by Use of a Computer)

- Criminal Act Article 347 (Fraud)

(1) A person who, by deceiving another, takes delivery of property or obtains a pecuniary benefit shall be punished by imprisonment for not more than 10 years or a fine not exceeding 20 million won.

(2) The same punishment as in the preceding paragraph shall apply where a person, by the method in the preceding paragraph, causes a third party to take delivery of property or to obtain a pecuniary benefit.

- Criminal Act Article 347-2 (Fraud by Use of a Computer)

A person who obtains a pecuniary benefit or causes a third party to obtain one by inputting false information or improper commands into a computer or other data-processing device, or by inputting or altering information without authority and thereby causing data processing to be carried out, shall be punished by imprisonment for not more than 10 years or a fine not exceeding 20 million won.

- Criminal Act Article 351 (Habitual Offender)

A person who habitually commits an offense under Article 347 through the preceding Article shall have the punishment prescribed for that offense aggravated by up to one half.

- Act on Aggravated Punishment of Specific Economic Crimes Article 3 (Aggravated Punishment of Specific Property Crimes)

(1) A person who commits an offense under "Criminal Act" Article 347 (Fraud), Article 347-2 (Fraud by Use of a Computer), or Article 351 (limited to habitual offenders under Articles 347 and 347-2) shall, where the value of the property or pecuniary benefit obtained through the criminal act or caused to be obtained by a third party (hereinafter referred to as the "amount of profit" in this Article) is 500 million won or more, be subject to aggravated punishment according to the following classifications.

1. Where the amount of profit is 5 billion won or more: life imprisonment or imprisonment for not less than 5 years

2. Where the amount of profit is 500 million won or more but less than 5 billion won: imprisonment for a definite term of not less than 3 years

The attorney argued that the defendant acknowledged the offense in this case and was sincerely repentant and remorseful for the conduct.

The attorney emphasized that the defendant conveyed feelings of remorse to the victim and was making efforts to repay.

The Gwangju fraud attorney referred to the defendant's attitude and argued for a reduction of the fraud sentence.

The attorney emphasized that the defendant was making efforts to reach a settlement with the victim.

The defendant is currently conveying apologies to the victim and continuing to attempt a settlement.

The Gwangju fraud attorney asked the court to take the defendant's diligent efforts into account.

The attorney referred to the defendant's record of offenses of the same type.

Upon examining the defendant's criminal record, it was established that there was no criminal record exceeding a suspended sentence.

The Gwangju fraud attorney appealed for a reduction of sentence, stating that the defendant had never committed a serious offense and could live on as a diligent member of society.

The case above was an example of a client who defrauded a victim of money through lies but, with the help of the Gwangju fraud attorney, received a suspended sentence on appeal.

If a person, by deceiving another, takes delivery of property or obtains a pecuniary benefit, the crime of fraud is established.

If you wish to obtain a reduction of sentence on a fraud charge as described above, you may request assistance from a Gwangju attorney at Daeryun Law Firm at any time.