CONTENTS
- 1. The Client Who Sought a Jinju Law Office
- - What Led the Client to Request Help From a Jinju Law Office
- - Case-Related Statutes Explained by a Jinju Law Office
- 2. Assistance Provided by the Jinju Law Office
- - Jinju Law Office Argues That the Actual Benefit the Client Gained From the Offense Was Not Large
- - Jinju Law Office Argues That a Settlement Was Reached With the Affected Business
- 3. Result of the Jinju Law Office's Assistance: A Suspended Sentence on the Fraud Charge
- - If You Wish to Have a Consultation at a Jinju Law Office
1. The Client Who Sought a Jinju Law Office
The client who came to the Jinju law office was charged in a rental fraud scheme in which loan applicants were recruited and induced to enter rental contracts, and the home appliances thereby acquired were sold to third parties to receive funds. The client requested assistance from a Jinju attorney of the Daeryun law office.
What Led the Client to Request Help From a Jinju Law Office
The client who visited the Jinju law office committed an offense commonly referred to as *self-rescue (naeguje).
They recruited loan applicants in difficult circumstances, had them join a mutual aid (sangjo) company, and, once they received the delivered products, resold those products to obtain money.
The client was ultimately charged with fraud and requested the assistance of the Jinju law office.
*Self-rescue (naeguje) offense: a coined term meaning "I rescue myself," referring to a variant lending method in which a product obtained through a rental contract or the like is immediately sold to a third party to obtain funds
Case-Related Statutes Explained by a Jinju Law Office
The Jinju attorney at the Jinju law office noted that, because the gain derived from the client's fraud was large, the client could be subject to aggravated punishment on suspicion of violation of the Act on Aggravated Punishment of Specific Economic Crimes.
Criminal Act provisions on the crime of fraud
Article 347 (Fraud)
① A person who deceives another and thereby receives the delivery of property or obtains a pecuniary advantage shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 20 million won.
② The same penalty as in the preceding paragraph shall apply where, by the means set forth in the preceding paragraph, a third party is caused to receive the delivery of property or to obtain a pecuniary advantage.
Article 351 (Habitual Offenders)
A person who habitually commits any of the crimes under Articles 347 through 350 shall have the penalty prescribed for the relevant crime increased by up to one half.
Act on Aggravated Punishment of Specific Economic Crimes Article 3
① Where a person commits any of the crimes under Article 347 (Fraud), Article 347-2 (Fraud by Use of a Computer, etc.), or Article 351 (only habitual offenders under Articles 347 and 347-2) of the Criminal Act, and the value of the property or pecuniary advantage that the person acquired, or caused a third party to acquire, through the criminal act (hereinafter referred to in this Article as the “gain”) is 500 million won or more, the person shall be subject to aggravated punishment according to the following classifications.
- Where the gain is 5 billion won or more: imprisonment for life or for at least 5 years
- Where the gain is 500 million won or more but less than 5 billion won: imprisonment for a definite term of at least 3 years
2. Assistance Provided by the Jinju Law Office
After conducting a detailed consultation with the client at the Jinju law office, the Jinju attorney assembled a Daeryun law office Jinju attorney team with extensive experience in criminal litigation to make the arguments.
Jinju Law Office Argues That the Actual Benefit the Client Gained From the Offense Was Not Large
The Jinju law office argued that the amount of profit the client gained from the offense was not large compared to the amount defrauded.
It was argued that he had divided the criminal proceeds with the loan applicants and members of the criminal organization, and that accordingly his share was not large.
Jinju Law Office Argues That a Settlement Was Reached With the Affected Business
The Jinju law office argued that the client had made partial restitution of the damages to the injured business.
It emphasized that the injured business had, in turn, expressed an intention that it did not wish for the client's punishment.
3. Result of the Jinju Law Office's Assistance: A Suspended Sentence on the Fraud Charge
The client who came to the Jinju law office was accused on suspicion of rental fraud, but through the assistance of a Jinju attorney was able to avoid an actual custodial sentence and receive a suspended sentence. The client expressed renewed thanks to the Jinju attorney.
If You Wish to Have a Consultation at a Jinju Law Office
The client who consulted at the Jinju law office had been accused of fraud and faced aggravated punishment under the Act on Aggravated Punishment of Specific Economic Crimes.
The Jinju attorney assisted the client through extensive experience in successful criminal litigation.
As a result of this assistance, the client was able to avoid an actual sentence in the fraud case and receive a suspended sentence.
If you are facing a situation similar to that of the client above, please feel free to visit the Daeryun LLC 🔗Jinju law office 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.
