CONTENTS
- 1. The Client Who Came to the Ulsan Fraud Attorney
- - The Account the Ulsan Fraud Attorney Heard From the Client
- - Laws Relevant to the Case as Explained by the Ulsan Fraud Attorney
- 2. The Ulsan Fraud Attorney's Process of Providing Assistance in filing a Complaint
- 3. The Result of the Ulsan Fraud Attorney's Assistance: an Actual Custodial Sentence
- - Loan Fraud: the Assistance of an Attorney Specializing in This Field Is Advisable
1. The Client Who Came to the Ulsan Fraud Attorney
The client who came to the Ulsan fraud attorney had been defrauded of approximately 600 million won by the defendant. It was later discovered that the defendant had used all of the funds for online gambling, and the client decided to file a criminal complaint.
The client then visited Daeryun to seek legal assistance regarding this matter.
The Account the Ulsan Fraud Attorney Heard From the Client
The account that the Ulsan fraud attorney heard from the client through consultation is as follows.
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The client requested that Daeryun provide assistance in filing a complaint in order to pursue a criminal complaint regarding this matter.
Laws Relevant to the Case as Explained by the Ulsan Fraud Attorney
Acquiring another person's property through unlawful means, as the defendant did above, constitutes an economic crime, which includes fraud, extortion, breach of trust, and embezzlement.
If the amount exceeds 500 million won, the Act on Aggravated Punishment of Specific Economic Crimes applies.
The Act on Aggravated Punishment of Specific Economic Crimes refers to a Violation of the Act on Aggravated Punishment of Specific Economic Crimes,
under which a person who commits the offenses under Article 347 of the Criminal Act (fraud), Article 347-2 (fraud by use of a computer), Article 350 (extortion), or Article 355 (embezzlement and breach of trust) is subject to aggravated punishment according to the following classifications when the value of the property or pecuniary benefit acquired through the criminal act, by the offender or by a third party, is 500 million won or more.
| When the amount of the gain is 5 billion won or more: life imprisonment or imprisonment for a definite term of at least five years |
| When the amount of the gain is 500 million won or more but less than 5 billion won: imprisonment for a definite term of at least three years |
If a person is charged with the crime of fraud, the maximum penalty is imprisonment of up to ten years; however, if the amount of the gain is 5 billion won or more, the charge under the Act on Aggravated Punishment of Specific Economic Crimes is aggravated, and the person may be subject to up to life imprisonment.
In other words, the larger the amount of the loss, the heavier the penalty becomes.
2. The Ulsan Fraud Attorney's Process of Providing Assistance in filing a Complaint
Through careful consultation with the client, the Ulsan fraud attorney identified the precise amount of the fraud, the method of the deception, and the timing, and presented the following arguments to the court.
■ The amount the defendant defrauded from the client totaled approximately 900 million won, indicating that the scale of the loss was substantial.
■ Because the defendant used his own mother in order to defraud the client of property, the nature of the offense was serious, and the number of occasions was likewise substantial.
■ The defendant committed the present offense despite a prior record of having been sentenced to six months of imprisonment with a two-year suspended sentence for the same type of crime of fraud.
3. The Result of the Ulsan Fraud Attorney's Assistance: an Actual Custodial Sentence
With the assistance of the Ulsan fraud attorney, the defendant who had defrauded the client of a large sum of property was sentenced to four years of imprisonment.
By emphasizing that the amount defrauded was substantial and that the number and duration of the fraudulent acts were likewise substantial, the firm was able to obtain the result the client sought.
Loan Fraud: the Assistance of an Attorney Specializing in This Field Is Advisable
If you have been defrauded of a loan and, as in the case of the defendant above, the funds were used for gambling or similar purposes, there is a high likelihood that the money cannot be recovered.
It is therefore advisable to consult promptly with an attorney specializing in this field and to proceed with measures such as a provisional attachment.
If you wish to have the perpetrator punished by pursuing a criminal complaint in addition to a claim for damages, it is advisable to seek the assistance of an attorney specializing in the crime of fraud.
At Daeryun, an attorney specializing in the crime of fraud assists clients on the basis of extensive experience and specialized knowledge in fraud litigation.
If you are facing a concern similar to that of the client above, you are welcome to request a consultation with an attorney at Daeryun who specializes in the crime of fraud in Ulsan.
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