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Deals & Cases

Fraud

Busan Attorney Consultation Defense Case | Client Charged With Fraud Who Received a Busan Attorney Consultation, Defended With a Suspended Sentence

The client who received a Busan attorney consultation had filed for personal rehabilitation while the loan to the creditor company remained unpaid, was subjected to a criminal complaint, and received an actual custodial sentence at the first instance.

CONTENTS
  • 1. Busan Attorney Consultation, the Reason the Client Came
    • - The Story of the Client Who Received a Busan Attorney Consultation
    • - Statutes Concerning Non-Repayment of a Loan, as Explained Through a Busan Attorney Consultation
  • 2. Assistance With the Client's Appeal Through a Busan Attorney Consultation
    • - The Client's Repayment Capacity at the Time of the Loan Was Sufficient
    • - The Client's Personal Rehabilitation Was Not Intentional
    • - The Client Is Deeply Remorseful
  • 3. Client Who Proceeded With a Busan Attorney Consultation Succeeds in Defense With a 'Suspended Sentence'
    • - Personal Rehabilitation After a Loan May Result in a Charge of Fraud

1. Busan Attorney Consultation, the Reason the Client Came

The client borrowed 39 million won from OO Capital to use for gambling. However, the client was subjected to a criminal complaint by the lending company on a charge of fraud, on the ground that the client had no intention or ability to repay it.

The Story of the Client Who Received a Busan Attorney Consultation

After being subjected to a criminal complaint by the lending company and receiving a sentence of six months' imprisonment at the first instance, the client, alarmed, requested a Busan attorney consultation. The detailed circumstances are as follows.

The client traveled abroad to gamble.

In the course of this, the client gradually became addicted to gambling, the number of games increased, and the client ended up squandering all the money.

Unable to borrow money from those around them, the client looked into online loans and, after confirming that a loan was available from OO Capital, immediately borrowed 39 million won.

After returning to Korea, the client, having concluded that repaying the loan was impossible, filed for personal rehabilitation. On learning of this, OO Capital applied a charge of fraud against the client and filed a criminal complaint.

As a result, the client received an actual custodial sentence at the first instance.

Wishing to obtain a reduction of sentence through an appeal, the client requested assistance from Daeryun.

Statutes Concerning Non-Repayment of a Loan, as Explained Through a Busan Attorney Consultation

As with the client above, if a loan is not repaid, the crime of fraud under the Criminal Act applies.

The crime of fraud is a crime committed when a person deceives another and, by exploiting the other party's mistaken intention, receives the delivery of property or obtains any other pecuniary advantage.

▣ Criminal Act Article 347 (Fraud)

(1) A person who deceives another and receives the delivery of property or obtains pecuniary advantage shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 20 million won.

The decisive reason the client was charged with fraud was that after taking out the loan, the client made no repayment whatsoever and filed for 'personal rehabilitation'. In such a case, it is judged that the borrower took out the loan with personal rehabilitation in mind and deceived the lending company.

Accordingly, it is important to obtain recognition that there was no intent to commit fraud, by proving that there was an intention to repay at the time the loan was taken out.

2. Assistance With the Client's Appeal Through a Busan Attorney Consultation

We assisted the client who received a Busan attorney consultation, seeking to obtain a reduction of sentence through the appeal.

To that end, it was necessary to present the client's income and assets at the time the loan was executed, the status of the client's debts at that time, and similar matters, in order to determine whether there was income and assets sufficient to repay the debt and to argue that there was the financial capacity to repay.

The Client's Repayment Capacity at the Time of the Loan Was Sufficient

We argued that the company where the client is currently employed is of considerable size and that the client's salary is also stable, so that at the time of the loan the client was judged to have had sufficient repayment capacity.

We also argued that the client had intended to repay steadily and had also intended to repay in a lump sum if a large sum became available.

The Client's Personal Rehabilitation Was Not Intentional

We argued that the client, having concluded that repaying the loan debt would make it difficult to support the family's livelihood, filed for personal rehabilitation out of necessity, and that it was unjust to argue, on that basis, that there had been no intention to repay the loan.

The Client Is Deeply Remorseful

We argued that the client had thought repayment could be made little by little from the monthly salary, and that the client felt apologetic toward the victim company that matters had reached this point.

We argued that the client is deeply remorseful and, by submitting a handwritten letter of apology, resolved never to commit the same wrong again.

3. Client Who Proceeded With a Busan Attorney Consultation Succeeds in Defense With a 'Suspended Sentence'

The client who proceeded with the appeal through a Busan attorney consultation corrected the misapprehension of facts in the first-instance judgment and succeeded in defending against an actual custodial sentence with a 'suspended sentence'.

Personal Rehabilitation After a Loan May Result in a Charge of Fraud

As with the client above, if you undergo personal rehabilitation after taking out a loan, you may be subjected to a criminal complaint for fraud by the lending company on a charge of deception.

Accordingly, it is important, through a consultation with an attorney, to prove that there was an obligation and ability to repay at the time of the loan.

Daeryun has many attorneys with extensive experience in cases similar to the one above, who form a team dedicated solely to a single client and actively assist the client, so if you need help, please feel free to request a Busan attorney consultation at any time.

부산변호사상담 방어 사례 | 부산변호사상담 받은 사기죄 혐의 의뢰인, 집행유예로 항소 성공

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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