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Deals & Cases

Fraud, Forgery of a private document, etc.

Fee for Retaining a Fraud Attorney | The Attorney Who Helped a Client Charged with Fraud and the Like Obtain an Acquittal

The client who inquired about the fee for retaining a fraud attorney had been at risk of punishment on charges including fraud, but with the assistance of the fraud attorney was able to obtain an acquittal and bring the matter to a close.

CONTENTS
  • 1. Fee for Retaining a Fraud Attorney | How the Case Arose
  • 2. Fee for Retaining a Fraud Attorney | The Attorney's Key Assistance
    • - Fraud Attorney: Reconstructing the Legal Character of the Funds
    • - Fraud Attorney: Establishing the Logic for the Absence of a Deceptive Act
    • - Fraud Attorney: Responding to the Charges Related to the Documents
  • 3. Fee for Retaining a Fraud Attorney | Outcome of the Case
    • - Elements of the Crime of Fraud and the Level of Punishment
    • - Elements of the Crime of Forgery of a Private Document and the Level of Punishment
    • - The Need to Retain an Attorney

1. Fee for Retaining a Fraud Attorney | How the Case Arose

The circumstances of the client who requested a consultation regarding the fee for retaining a fraud attorney are as follows.


The client was the working-level manager in charge of a commercial facility development project in the metropolitan area, and a dispute arose in the course of settling funds with an investor.

The other party asserted that, in the course of adjusting the existing profit distribution structure and in the process by which a portion of the funds was returned, a false explanation had been given at the time the money was delivered, and proceeded to file a criminal complaint.

The investigative agency focused on the fact that the funds had been explained as though they would be used for a specific purpose but had not in fact been returned, and concluded that a deceptive act and an intent to defraud existed.

In addition, a formal defect in the course of preparing internal documents became an issue, and a charge related to forgery of a private document was also applied, leaving the client confronted with the risk of multiple forms of criminal liability.

Accordingly, judging that specialized legal representation was needed at the early stage of the case, the client came to look into the fee for retaining a fraud attorney.

2. Fee for Retaining a Fraud Attorney | The Attorney's Key Assistance

Daeryun Law Firm Summary of the Fee for Retaining a Fraud Attorney

After carefully listening to the account of the client who had consulted on the fee for retaining a fraud attorney, the fraud attorney quickly analyzed the structure of the matter and devised a strategy.

Fraud Attorney: Reconstructing the Legal Character of the Funds

The fraud attorney who conducted the consultation on the fee for retaining a fraud attorney focused on the fact that the funds at issue were not newly defrauded property but a settlement sum arising from an existing transactional relationship.

The attorney then cooperated with the 🔗Evidence Investigation Center to collect the contract, the account flows, and the transaction history, and comprehensively analyzed them to reconstruct the entire transaction structure.

As a result, the fraud attorney established that the substance of the movement of funds was a 'settlement.'

Fraud Attorney: Establishing the Logic for the Absence of a Deceptive Act

Under the Criminal Act, the crime of fraud is not established merely by the fact that money changed hands; rather, both the intent to deceive and whether the other party was thereby led into a mistaken belief must also be recognized.

Accordingly, the fraud attorney reviewed the circumstances of the client's statements and the transaction structure as a whole, and constructed the argument centered on the fact that it was difficult to find that there had been any communication of false facts capable of misleading the other party.

Fraud Attorney: Responding to the Charges Related to the Documents

As to the part of the document preparation that was at issue, the fraud attorney emphasized that an actual decision-making process had existed.

The attorney established, through the statements of those involved and internal practice, that this amounted to no more than an omission in the ordinary procedure and that there had been no intent to make a false entry or to commit forgery, thereby blocking the establishment of criminal liability.

3. Fee for Retaining a Fraud Attorney | Outcome of the Case

The client who consulted on the fee for retaining a fraud attorney was acquitted on all charges.

Having comprehensively reviewed the financial materials submitted, the transaction structure, and the statements of those involved, the court concluded that the monetary transaction in question was closer to a settlement process than to defrauding.

The charges related to the documents were likewise found not to satisfy the elements for the establishment of a crime.

Elements of the Crime of Fraud and the Level of Punishment

The crime of fraud requires that all of the following elements be satisfied.

Element

Content

Deceptive act

An act of deceiving the other party

Disposition of property

Transferring money or property under a mistaken belief

Intent to defraud

The purpose of obtaining a benefit without any intention to repay


Where the above elements are satisfied, the offender is, under Article 347 of the Criminal Act, punished by imprisonment for not more than 20 years or a fine not exceeding 50 million won.

If the amount of the gain exceeds a certain threshold, the Act on Aggravated Punishment of Specific Economic Crimes applies and the level of punishment may increase.

Range of the Gain

Punishment

50 billion won or more

Life imprisonment or imprisonment for at least five years

5 billion won or more to less than 50 billion won

Imprisonment for a definite term of at least three years


Accordingly, an accurate calculation of the amount and a legal assessment at the early stage are important.

Elements of the Crime of Forgery of a Private Document and the Level of Punishment

The crime of forgery of a private document is a crime provided for in Article 231 of the Criminal Act, and refers to the act of preparing a new document using another person's name without authorization.

Such an act can undermine the trust underlying legal relationships, such as contracts and financial transactions, and is therefore treated strictly in practice as well.

Where this crime is recognized, a sentence of imprisonment for not more than five years or a fine not exceeding 10 million won may be imposed.

The Need to Retain an Attorney

A fraud case, even where it appears to be a simple monetary dispute, has a high likelihood of expanding into criminal liability.

In particular, where the flow of funds is complex, a process of reconstructing the transaction structure on the basis of objective materials and presenting arguments in conformity with the legal elements is essential.

Accordingly, it is important to respond strategically at the early stage.

The criminal law specialist attorneys at Daeryun, the ninth-ranked law firm in the Republic of Korea (based on 2025 National Tax Service value-added tax filings), closely review, in fraud and other criminal cases, the transaction structure, whether deception occurred, and the factors bearing on intent, and prepare a response strategy suited to the course of the case.

If you have questions about the fee for retaining a fraud attorney or are in a situation requiring legal assistance, please request assistance through a 🔗Legal Consultation Reservation.

사기죄변호사선임비용

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.

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