CONTENTS
- 1. The Client Reported as a Fraudster: What Was the Reason?
- - The Detailed Background of the Client's Case
- 2. Fraud Complaint Case: The Defendant Deceived the Victim but Was Sincerely Remorseful
- - Statutes Related to the Crime of Fraud
- 3. The Fraud Complaint Case: What Was the Court's Judgment?
1. The Client Reported as a Fraudster: What Was the Reason?
This is the account of a client who was reported as a fraudster. The client was reported by an acquaintance for fraud.
The client, who was running a business, told the victim that the app development had succeeded and proposed that a move to a larger office was necessary.
The client urged the victim to pay the commercial lease deposit and other costs. The client also reportedly promised to give the victim 50% of the business profits in return for providing the deposit.
However, the client reportedly had no ability to return the deposit even if it was received.
The client kept delaying repayment and was eventually reported by the victim as a fraudster.
Facing fraud charges arising from this complaint and the prospect of a heavy sentence, the client decided to seek the assistance of Daeryun.
The Detailed Background of the Client's Case
The reason the client's fraud complaint advanced all the way to trial is that the matter was not handled properly during the investigation stage.
The failure to reach a settlement with the victim was a particularly unfavorable factor, so professional assistance was needed.
Fortunately, the client came to Daeryun before the trial, which created the possibility of reducing the sentence as much as possible.
Daeryun committed to presenting the strongest possible defense so that the client could obtain the desired outcome.
2. Fraud Complaint Case: The Defendant Deceived the Victim but Was Sincerely Remorseful
Through careful consultation with the client, Daeryun Law Firm assembled a specialized attorney team composed of multiple professionals with extensive experience in fraud cases.
The Daeryun specialized attorney team stated that the defendant acknowledged having deceived the victim and was sincerely remorseful.
■ At trial, the defendant acknowledged the fact of having deceived the victim and was sincerely remorseful.
■ The defendant expressed an apology to the victim, who had lent money after being deceived by the defendant's lies.
■ Although the defendant had not been forgiven by the victim, the defendant was making efforts on multiple fronts to remedy the harm.
■ The defendant resolved not to commit the same offense again.
Statutes Related to the Crime of Fraud
Let us review the statutes related to a fraud complaint. First, fraud is the crime of deceiving a person, inducing a mistake, and thereby obtaining property or a pecuniary benefit for oneself or a third party.
Fraud offenses are punished under the Criminal Act, and the level of punishment is relatively high.
In addition, because the crime of fraud is a property crime, aggravated punishment under the Act on Aggravated Punishment of Specific Economic Crimes may apply depending on the amount of unlawful gain, so particular caution is needed. If that Act applies, the sentence becomes heavier.
Criminal Act Article 347 (Fraud) (1) A person who deceives another and thereby takes delivery of property or obtains a pecuniary benefit shall be punished by imprisonment for not more than 10 years or a fine not exceeding 20 million won. (2) The same punishment as in the preceding paragraph shall apply where, by the method described in the preceding paragraph, a third party is caused to take delivery of property or to obtain a pecuniary benefit.
Criminal Act Article 351 (Habitual Offenders) A person who habitually commits any of the crimes under Articles 347 through 350 shall be subject to an aggravation of up to one half of the punishment prescribed for the relevant crime. |
Act on Aggravated Punishment of Specific Economic Crimes Article 3 (Aggravated Punishment of Specific Property Crimes) (1) Where a person who commits any of the crimes under the "Criminal Act" Article 347 (Fraud), Article 347-2 (Fraud by Use of a Computer), Article 350 (Extortion), Article 350-2 (Special Extortion), Article 351 (limited to habitual offenders under Articles 347, 347-2, 350, and 350-2), Article 355 (Embezzlement or Breach of Trust), or Article 356 (Occupational Embezzlement and Breach of Trust) obtains, or causes a third party to obtain, property or a pecuniary benefit through such criminal act in an amount (hereinafter in this Article referred to as the "amount of gain") of 500 million won or more, that person shall be subject to aggravated punishment according to the following classifications. 1. Where the amount of gain is 5 billion won or more: imprisonment for life or for not less than 5 years. 2. Where the amount of gain is 500 million won or more but less than 5 billion won: imprisonment for a definite term of not less than 3 years. (2) In the case of paragraph (1), a fine of up to the amount of gain may be imposed concurrently. |
If you have been reported as a fraudster, it is important to make every effort to remedy the harm. However, because the crime of fraud is not a crime that cannot be prosecuted against the victim's will, criminal punishment may still be imposed even where an amicable settlement has been reached with the victim, so professional assistance can be helpful.
3. The Fraud Complaint Case: What Was the Court's Judgment?
The court accepted the arguments of the Daeryun Law Firm specialized attorney and imposed a fine on the defendant in this fraud complaint case.
The client, who had been reported as a fraudster, defrauded the victim of tens of millions of won under the pretext of business investment funds.
Because the evidence was clear, the client's situation was not favorable. Fortunately, because the client came to Daeryun in good time, the matter could be concluded with a relatively light fine.
Daeryun Law Firm forms case teams composed of multiple legal professionals to maximize expertise. Depending on the scale of the case, 3 to 20 specialists in the relevant fields assist with the client's matter.
If you face a legal issue and need legal advice or assistance, you may consult with Daeryun at any time.
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This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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