[Gangnam Damages Attorney Winning Case] Gangnam Damages Attorney Obtains the Full Amount of 100 Million Won in Fraud Damages

The case of the client who came to Daeryun’s Gangnam damages attorney is as follows.

The client and the defendant were workplace colleagues.

Saying that an urgent situation had arisen, the defendant borrowed 12 million won with a promise to repay it within three months.

The defendant said, ‘Thank you for lending me money in an urgent time. I will tell you, specially for you only, a sure investment method to make money,’ and even had the client take out a loan, receiving an additional 10 million won from the client.

The defendant then transferred about 2 million won, repaying part of the loan to gain the client’s trust.

Afterward, however, the defendant extorted an additional 56 million won, saying things such as ‘the invested money must be converted into bearer bonds’ and ‘the law on interest has changed.’

Over one year, the client, who had handed over about 100 million won in loans, asked the defendant to repay the money but did not receive it.

The client therefore decided to file a damages lawsuit and came to Daeryun’s Gangnam damages attorney.

■ What Is the Crime of Fraud?
The crime of fraud refers to any crime in which a person deceives another, exploits the other party’s mistaken intent, and obtains the delivery of property or acquires another pecuniary advantage. It is a representative property crime and appears in daily life mainly in forms such as voice phishing and insurance fraud.

-Criminal Act Article 347 (Fraud)
1) A person who, by deceiving another, obtains the delivery of property or acquires a pecuniary advantage is subject to imprisonment for not more than 10 years or a fine not exceeding 20 million won.
2) The same punishment as in the preceding paragraph applies to a person who, by the method described in the preceding paragraph, causes a third party to obtain the delivery of property or to acquire a pecuniary advantage.

■ What Is the Legal Basis for a Loan Lawsuit?

-Civil Act Article 598 (Definition of a Loan for Consumption)
A loan for consumption takes effect when one party agrees to transfer ownership of money or other fungibles to the other party, and the other party agrees to return goods of the same kind, quality, and quantity.

-Civil Act Article 390 (Nonperformance of Obligation and Damages)
If a debtor does not perform in accordance with the substance of the obligation, the creditor may claim damages. However, this does not apply when performance has become impossible without the debtor’s intent or negligence.

-Civil Act Article 393 (Scope of Damages)
①Damages for nonperformance of an obligation are limited to ordinary damages.
②Damages arising from special circumstances are subject to liability only when the debtor knew or could have known of those circumstances.

The defendant had the client transfer money under the names of investment funds and various costs for recovering the investment funds.

This is an act amounting to the crime of fraud under criminal law.

Daeryun’s Gangnam damages attorney argued for damages for the money that the defendant took by deceiving the client under the names of fictitious investment funds, bond purchases, the law on interest, and attorney retainer costs.

Daeryun’s Gangnam damages attorney also argued the psychological suffering the client experienced while preparing the damages lawsuit, based on the provision of Civil Act Article 751, Paragraph 1, that ‘a person who harms the body, freedom, or reputation of another, or who inflicts mental suffering on another, is liable to compensate for damages other than property.’

The defendant spoke as if he had extensive financial knowledge and gained the client’s trust, and he even had the client take out a loan and received a large sum of money.

The client had been under continuous stress out of worry about the possibility of recovering the investment funds.

After realizing that he had been deceived by the defendant, the client also experienced tremendous mental shock and suffering.

The client was in fact diagnosed with depression and nonorganic insomnia due to acute stress and was receiving psychological treatment.

Daeryun’s Gangnam damages attorney also argued the client’s psychological harm in the damages lawsuit.

In a damages lawsuit, proving the causal relationship regarding whether there was fault is very important.

Daeryun’s Gangnam damages attorney closely grasps and proves the facts of the lawsuit and assists with Gangnam damages lawsuits.

If you need a lawsuit in a situation like the above, you may turn to the Gangnam damages attorney at Daeryun Law Firm.