Bucheon Crime of Fraud Attorney Assistance Case | With a Fraud Attorney's Assistance, a Client Who Prepared a False Lease Agreement Obtained a Suspended Sentence

The circumstances under which the client of the Bucheon crime of fraud attorney came to commit the offense are as follows.

The client went on an outing with her boyfriend in a rental car, and her boyfriend caused a drunk driving traffic accident, so a substantial amount of money was needed to deal with the accident.

The boyfriend insisted that the client was also responsible because she had been sitting in the passenger seat, and that she had to cover the money even if it meant taking out a loan, and he introduced her to a loan broker.

From this, a false real estate lease agreement was prepared, and through this agreement the client came to commit a 'jeonse loan fabrication scheme,' obtaining a loan of approximately 100 million won as a jeonse deposit from the bank.

First, preparing a false lease agreement constitutes the 'crime of fraud.'

Article 347 of the Criminal Act (Fraud)

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

② The same punishment as in the preceding paragraph shall apply to a person who, by the method described in the preceding paragraph, causes a third party to receive the delivery of property or to acquire a pecuniary benefit.

In addition, submitting a false lease agreement to the bank to obtain a loan constitutes the 'crime of forgery of a private document and crime of uttering a forged document'as well as the 'crime of interference with business.'

Article 231 of the Criminal Act (Forgery or Alteration of Private Documents)

A person who, with the intent to use it, forges or alters another person's document or drawing concerning rights, duties, or certification of facts shall be punished by imprisonment for not more than 5 years or by a fine not exceeding 10 million won.

Article 234 of the Criminal Act (Uttering of Forged Private Documents)

A person who utters a document, drawing, or special media record such as an electromagnetic record made through a crime under Articles 231 through 233 shall be punished by the penalty prescribed for each respective crime.

Article 314 of the Criminal Act (Interference with Business)

① A person who interferes with another person's business by the method described in Article 313 or by force shall be punished by imprisonment for not more than 5 years or by a fine not exceeding 15 million won.

② The same punishment as in paragraph (1) shall apply to a person who interferes with another person's business by damaging an information processing device such as a computer or a special media record such as an electromagnetic record, by inputting false information or improper commands into an information processing device, or by causing an obstruction to information processing by other means.

The attorney argued that, after this case was registered, the client voluntarily complied with the requests of the investigative authorities, voluntarily appeared in response to summons, and cooperated faithfully with the entire investigation.

The attorney argued that, at the time of the offense, the client did not clearly recognize that she was obtaining an illegal loan, and that although she ultimately came to commit the offense, she acknowledged all of the investigation results and admitted her offense.

The client had paid all of the criminal proceeds from this loan to her boyfriend, and she was instead left in a position where she had to repay the entire illegal loan, so her economic harm was substantial.

The attorney emphasized that the client intended to repay the loan to the bank, which was the victim, and that she had thereby suffered considerable economic harm.

The attorney argued that the client's family deeply regretted that she had become involved in this case at a young age through the enticement and coercion of her boyfriend, and that they were distressed at not having paid closer attention to and looked after her.

The attorney argued that the family was committed to paying closer attention to and caring for the client so that she would not commit such a wrong again.