CONTENTS
- 1. The Client Who Sought Out an Anyang Criminal Attorney
- - The Client's Situation
- - Statutes Relevant to the Case, Explained by an Anyang Criminal Attorney
- 2. Assistance Provided by an Anyang Criminal Attorney
- - The Anyang Criminal Attorney Argued That the Client's Intent to Defraud Was Very Weak
- - The Anyang Criminal Attorney Argued That the Client Was Deeply Remorseful for the Conduct
- - The Anyang Criminal Attorney Argued That the Client Was Working to Repair the Harm
- 3. Result of the Anyang Criminal Attorney's Assistance: A Suspended Sentence
1. The Client Who Sought Out an Anyang Criminal Attorney
The client who sought legal assistance was charged with fraud by a close friend.
This was because the client had not repaid money borrowed from the friend.
Needing legal assistance, the client came to the Anyang office of Daeryun Law Firm.
The Client's Situation
The client and the complainant were friends.
Facing financial difficulty, the client asked the friend to lend money for an urgent matter.
The client told the friend that the money would be used for only a month and would certainly be returned, and the friend stated that a total of 10 million won was lent.
However, the client was already carrying tens of millions of won in overdue debt to banks and credit card companies.
As a result, even if the client borrowed the money, repayment within a month was not possible, yet the client made a false statement.
In the end, the client did not repay the money borrowed from the friend even after time had passed, and so the friend filed a criminal complaint against the client for fraud.
In this situation, the client visited the Anyang office and requested legal assistance from a criminal attorney.
Statutes Relevant to the Case, Explained by an Anyang Criminal Attorney
Attorney, what is the charge against the client?
The client has been charged with fraud.
The crime of fraud refers to a crime of deceiving a person, exploiting the resulting mistake, and receiving property or obtaining a pecuniary benefit.
Failing to repay borrowed money does not automatically lead to a fraud complaint, but if there was intent to deceive the other party, the crime of fraud is committed and the offender may be punished.
Attorney, what is the level of punishment for the crime of fraud?
A person who commits the crime of fraud may be punished by imprisonment for up to 10 years or a fine of up to 20 million won.
If the gain obtained through the fraud is 5 hundred million won or more, aggravated punishment applies.
If the gain is 5 hundred million won or more but less than 5 billion won, the offender is subject to imprisonment for a definite term of at least 3 years.
If the gain is 5 billion won or more, the offender may be subject to imprisonment for a definite term of at least 5 years or life imprisonment.
2. Assistance Provided by an Anyang Criminal Attorney
The attorney made the following arguments to defend the client against the fraud charge.
The Anyang Criminal Attorney Argued That the Client's Intent to Defraud Was Very Weak
The client did not borrow the money with the intent to deceive the friend, the complainant, and defraud the friend of money.
This was because the client genuinely believed that repayment would be possible through hard work.
The attorney therefore argued that the client's intent to defraud was very weak.
The Anyang Criminal Attorney Argued That the Client Was Deeply Remorseful for the Conduct
The client fully confessed to the conduct.
The attorney also argued that the client was deeply remorseful for the wrongful conduct, including by writing a letter of apology.
The Anyang Criminal Attorney Argued That the Client Was Working to Repair the Harm
The client is currently in the process of reaching a settlement with the victim.
The attorney also argued that the client was working to repair the harm, including by submitting a repayment plan.
3. Result of the Anyang Criminal Attorney's Assistance: A Suspended Sentence
Accepting the arguments prepared by the attorney for the client, the court rendered the judgment, 'The defendant is sentenced to four months of imprisonment. However, the execution of this sentence is suspended for one year from the date this judgment becomes final.'
This was thanks to the attorney's argument that the client was doing the utmost to repair the harm.
If You Need Legal Defense
In the case above, a client charged with fraud by a close friend visited the Anyang office and entrusted the case to a criminal attorney.
At Daeryun Law Firm, criminal attorneys with an average of more than 10 years of experience work alongside clients through every stage, from consultation to trial.
If you need legal defense as described above, you can reach out to a criminal attorney at the Anyang office of Daeryun Law Firm at any time.
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.
