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Deals & Cases

Fraud

Uijeongbu Criminal Law Attorney | Client Charged With Fraud Appeals, and the Judgment Is Changed to Acquittal by the Appeal Attorney

The Uijeongbu attorney specializing in criminal law assisted a client charged with fraud and changed a first-instance prison sentence to an acquittal on appeal. The following introduces the case of the Uijeongbu attorney specializing in appeals.

CONTENTS
  • 1. Uijeongbu Criminal Law Attorney | First-Instance Judgment
    • - Uijeongbu Criminal Law Attorney | The Prosecutor's Appeal
    • - Uijeongbu Criminal Law Attorney | The Client's Appeal
  • 2. Uijeongbu Criminal Law Attorney | Applicable Statutes
  • 3. Uijeongbu Criminal Law Attorney | Defense on Appeal
    • - Uijeongbu Criminal Law Attorney | Defense ① No Act of Deception
    • - Uijeongbu Criminal Law Attorney | Defense ② Use of the Investment Funds
    • - Uijeongbu Criminal Law Attorney | Defense ③ Pecuniary Advantage
    • - Uijeongbu Criminal Law Attorney | Defense ④ First Offender
  • 4. Uijeongbu Criminal Law Attorney | Acquittal on Appeal

1. Uijeongbu Criminal Law Attorney | First-Instance Judgment

Joint Assistance of Uijeongbu Criminal Law Attorney and Appeal Attorney

The client of the Uijeongbu attorney specializing in criminal law, as a defendant charged with fraud, had received a first-instance judgment for the following reasons.

The client told the alleged victim, “If you entrust your money to me, I will invest it and grow it for you,” and stated that he would guarantee the principal and also pay interest each month.

The client also reassured the alleged victim by saying that he engaged in stable investment activities.

However, the client had only planned to use the money borrowed in this way for simple stock investment, and he had no separate ability to guarantee the principal.

The alleged victim paid the client approximately 200 million won. The first-instance court found that the client had thereby deceived the alleged victim and obtained property by such deception.

Accordingly, the court sentenced the client of the Uijeongbu attorney specializing in criminal law to one year of imprisonment.

Uijeongbu Criminal Law Attorney | The Prosecutor's Appeal

In the client's case of the Uijeongbu attorney specializing in criminal law, the prosecutor appealed, arguing that a sentence of one year of imprisonment was too light in light of the nature of the offense.

Fearing that the sentence might be increased from one year of imprisonment to a heavier sentence, the client immediately sought out an appeal attorney and entrusted the appeal to the criminal law attorney of this firm.

Uijeongbu Criminal Law Attorney | The Client's Appeal

In the client's case of the Uijeongbu attorney specializing in criminal law, the prosecutor appealed on the ground that the sentence was too light, but the client had truly had no such intent, and so a prison sentence was not only heavy, but the client also felt it was unjust to be punished even though he had no intent to deceive.

Therefore, upon retaining the appeal attorney, the firm prepared a 🔗statement of grounds for appeal and promptly appealed the court's judgment.

As both the defendant and the prosecutor filed appeals, an intense courtroom contest began once again.

2. Uijeongbu Criminal Law Attorney | Applicable Statutes

Let us examine the reason that the client of the Uijeongbu attorney specializing in criminal law received a sentence of one year of imprisonment in the first instance.

Criminal Act, Article 347, Crime of Fraud

deceiving a person and thereby obtaining property by deception or obtaining a pecuniary advantage is a crime consisting of such acts,

and shall be punished by imprisonment for not more than ten years or by a fine not exceeding 20 million won.

The client received a prison sentence on the ground that, under Article 347 of the Criminal Act, he had deceived the alleged victim and obtained property by such deception.

3. Uijeongbu Criminal Law Attorney | Defense on Appeal

Appeal Strategy of the Uijeongbu Criminal Law Attorney and the Appeal Attorney

On appeal, the Uijeongbu attorney specializing in criminal law sought to obtain an acquittal by proving that the client had no intent to deceive the alleged victim.

Uijeongbu Criminal Law Attorney | Defense ① No Act of Deception

According to the messenger exchanges between the client and the alleged victim, the alleged victim had personally engaged in stock investment and sought advice from the client, which indicated that the alleged victim's investments were also conducted mainly in stocks.

The important point is that any investment carries the possibility of a loss of principal.

The alleged victim should naturally have been aware of the possibility of a loss of principal.

In addition, there had been instances in which the client paid the alleged victim a high rate of interest.

The appeal attorney argued that the alleged victim had trusted the client's ability and expected high returns, and had not decided to invest on the basis of believing a statement that the principal would be guaranteed.

Uijeongbu Criminal Law Attorney | Defense ② Use of the Investment Funds

The client of the Uijeongbu attorney specializing in criminal law had never once used the investment funds for personal purposes.

The investment funds received from the alleged victim were actually used for stock investment.

The appeal attorney strongly argued that the client had no intent to deceive or to obtain property by deception.

Uijeongbu Criminal Law Attorney | Defense ③ Pecuniary Advantage

The crime of fraud is established when a person deceives the alleged victim and thereby obtains property by deception or obtains a pecuniary advantage.

However, the client of the Uijeongbu attorney specializing in criminal law neither deceived the alleged victim nor obtained any pecuniary advantage whatsoever.

Nevertheless, the client sincerely reflects on and apologizes for the harm caused to the alleged victim and intends to do everything within his power to remedy the harm.

The client is repaying the alleged victim approximately 2 million won each month and is making his best efforts to remedy the harm.

Uijeongbu Criminal Law Attorney | Defense ④ First Offender

The client of the Uijeongbu attorney specializing in criminal law is a first offender who had never been punished for any crime before this case.

In most criminal cases, the absence of a prior record of the same kind, or status as a first offender, is treated as a mitigating factor in sentencing.

The appeal attorney argued that the client, a first offender, was deeply reflecting on his conduct and that there was no likelihood of reoffending, and requested mitigation of the sentence for the crime of fraud.

4. Uijeongbu Criminal Law Attorney | Acquittal on Appeal

After hearing the arguments of the Uijeongbu attorney specializing in criminal law, the court reversed the judgment of the lower court and rendered an acquittal for the client.

It is extremely rare for a sentence to be reduced in an appeal filed by the prosecutor.

However, when an appeal attorney such as the Uijeongbu attorney specializing in criminal law provides assistance on appeal, it is sufficiently possible.

Working together with Daeryun Law Firm, the client received an acquittal in place of the lower court's prison sentence and was able to return to society.

If, as in the above case, you have been wrongly accused as a defendant in an investment fraud case and are preparing an appeal, please request a consultation with this firm, where attorneys with court, prosecution, and police experience as well as experienced attorneys specializing in criminal law are present.

A timely consultation can change the direction of a case.

For a button that was misfastened at the lower court, the appeal attorney of this firm will set it right.

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의정부형사전문변호사 | 사기 혐의 의뢰인 항소, 무죄로 판결 바꾼 항소전문변호사

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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