CONTENTS
- 1. Requesting Help From the Suncheon Criminal Attorney
- - Suncheon Criminal Attorney's Assessment of the Client's Case
- - Sentencing for Fraud Under the Act on Aggravated Punishment of Specific Economic Crimes, Explained by the Suncheon Criminal Attorney
- 2. Suncheon Criminal Attorney: “The Defendant Is an Accessory, Not a Principal”
- - Suncheon Criminal Attorney: the Gain the Defendant Obtained From the Offense Was Not Large
- - Suncheon Criminal Attorney, Petitions for Leniency From Family and Acquaintances
- 3. The Court Accepts the Suncheon Criminal Attorney's Argument and Decides on a Suspended Sentence for the Defendant as an Accessory
1. Requesting Help From the Suncheon Criminal Attorney
The client who requested a consultation with the Suncheon criminal attorney had committed an offense commonly known as ‘naegujae’ in the Suncheon area and needed the assistance of a criminal attorney.
The Suncheon criminal attorney explained that naegujae is an internet neologism meaning ‘I rescue myself,’ referring to a variant lending method in which appliances obtained through rental contracts and the like are immediately sold to a third party to obtain the needed funds.
The client was introduced to people whose loan applications had been rejected by lending companies, had them join a mutual aid company, and when they received expensive complimentary gifts, resold those gifts to pocket money.
In the end, the client was charged by the mutual aid company with fraud and other offenses.
Because this was a case involving a large amount of gain, the client faced the risk of a heavier sentence with the application of the Act on Aggravated Punishment of Specific Economic Crimes.
Suncheon Criminal Attorney's Assessment of the Client's Case
The Suncheon criminal attorney assessed the client's case as follows. First, noting that the client had conspired with numerous accomplices to cause financial loss to the victim company, the attorney viewed the situation as unfavorable to the client because the victim company was seeking severe punishment.
The Suncheon criminal attorney further anticipated that, even if the net gain the client obtained from this offense was not five hundred million won, a heavier sentence could be imposed than for ordinary fraud charges because the charge of violating the Act on Aggravated Punishment of Specific Economic Crimes applied.
Sentencing for Fraud Under the Act on Aggravated Punishment of Specific Economic Crimes, Explained by the Suncheon Criminal Attorney
The Suncheon criminal attorney states that, in the case of fraud under the Act on Aggravated Punishment of Specific Economic Crimes, caution is needed because aggravating factors exist.
Sentencing for Fraud Under the Act on Aggravated Punishment of Specific Economic Crimes
Criminal Act
Article 347 (Fraud) (1) A person who deceives another and receives the delivery of property or obtains a pecuniary advantage shall be punished by imprisonment for not more than ten years or by a fine of not more than twenty million won.
(2) The preceding paragraph shall also apply to a person who, by the means described in the preceding paragraph, causes a third party to receive the delivery of property or to obtain a pecuniary advantage.
Article 351 (Habitual Offenders) A person who habitually commits an offense under Articles 347 through the preceding Article shall have the punishment prescribed for that offense increased by up to one half.
Act on Aggravated Punishment of Specific Economic Crimes, Article 3 (Aggravated Punishment of Specific Property Crimes) (1) If a person commits an offense under Article 347 (Fraud), Article 347-2 (Fraud by Use of Computers, etc.), or Article 351 (limited to habitual offenders under Articles 347 and 347-2) of the “Criminal Act,” and the value of the property or pecuniary advantage obtained or caused to be obtained by a third party through that criminal act (hereinafter referred to as the “amount of gain” in this Article) is five hundred million won or more, the person shall be subject to aggravated punishment according to the following classifications:
1. If the amount of gain is five billion won or more: imprisonment for life or for not less than five years
2. If the amount of gain is not less than five hundred million won but less than five billion won: imprisonment for a limited term of not less than three years
2. Suncheon Criminal Attorney: “The Defendant Is an Accessory, Not a Principal”
Through a thorough consultation with the client, Daeryun Law Firm formed a Suncheon criminal attorney team made up of numerous professionals with extensive case experience.
Daeryun's Suncheon criminal attorney team strongly argued that the defendant was an accessory, not a principal.
Suncheon Criminal Attorney: the Gain the Defendant Obtained From the Offense Was Not Large
The Suncheon criminal attorney showed that the gain the defendant obtained from the offense in this case was not large.
The Suncheon criminal attorney argued that the defendant had divided the criminal proceeds with the other defendants, so the client's share was necessarily small.
Suncheon Criminal Attorney, Petitions for Leniency From Family and Acquaintances
The Suncheon criminal attorney emphasized that the defendant's family and acquaintances had submitted numerous petitions seeking leniency for the defendant.
The attorney then showed that the defendant was deeply remorseful and requested that the most lenient disposition possible be imposed.
3. The Court Accepts the Suncheon Criminal Attorney's Argument and Decides on a Suspended Sentence for the Defendant as an Accessory
Accepting the argument of the Suncheon criminal attorney at Daeryun Law Firm, the court issued the following judgment: “The defendant is sentenced to two years of imprisonment. However, the execution of the above sentence is suspended for three years from the date this judgment becomes final.”
The Suncheon criminal attorney took the view that the client, as an accessory in this case, should not receive the same sentence as the other defendants who were principals.
If it had not been for the prompt assistance of the Suncheon criminal attorney, the client too would likely have been sentenced to imprisonment along with the principals and taken into custody.
Having received the best possible result, the client also conveyed his thanks.
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Professionals in each field, such as criminal, civil, administrative, and labor matters, form teams of three to twenty people depending on the matter to handle the cases entrusted to them.
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