CONTENTS
- 1. Client Who Decided to Appeal in Order to Defend Against Punishment for the Crime of Fraud
- 2. Daeryun's Assistance for the Client Punished for the Crime of Fraud
- - Argument as to the Efforts of the Client Punished for the Crime of Fraud
- - Rebuttal of the Larceny and Intrusion into a Structure Charges Against the Client Punished for the Crime of Fraud
- 3. Client in the Fraud Case Obtained a Suspended Sentence on Appeal
- - If You Need an Attorney's Help with the Crime of Fraud or Other Offenses
1. Client Who Decided to Appeal in Order to Defend Against Punishment for the Crime of Fraud
A client who received an actual custodial sentence at the first instance for the crime of fraud and other offenses decided to appeal and came to Daeryun LLC.
A Daeryun attorney specializing in fraud cases established the client's appeal strategy through a thorough consultation.
The client, who received an immediate custodial sentence at the first instance for the crime of fraud and other offenses, had been convicted of fraud, intrusion into a structure, larceny, and other offenses.
The Daeryun attorney specializing in fraud cases began the appeal on the ground that the judgment of the lower court was too harsh and was therefore unlawful for imposing an unfair sentence.
Sentencing Range for the Client Charged with the Crime of Fraud and Other Offenses
Criminal Act
Article 329 (Larceny)
A person who steals another's property shall be punished by imprisonment for not more than six years or by a fine not exceeding 10 million won.
Article 330 (Nighttime Residential Burglary)
A person who, at night, intrudes into another's residence, a managed structure, a vessel, an aircraft, or an occupied room (房室) and steals (竊取) another's property shall be punished by imprisonment for not more than ten years.
Article 347 (Fraud)
A person who, by deceiving another, receives the delivery of property or obtains pecuniary benefit shall be punished by imprisonment for not more than ten years or by a fine not exceeding 20 million won.
2. Daeryun's Assistance for the Client Punished for the Crime of Fraud
For the appeal of the client punished for the crime of fraud, the Daeryun fraud attorney argued that the sentence was unfair.
Argument as to the Efforts of the Client Punished for the Crime of Fraud
The reason the client was punished for the crime of fraud was that, after entering into a supply contract and receiving the down payment, the client failed to make the delivery.
The Daeryun fraud attorney argued that the client had done everything possible to complete the delivery, including postponing the delivery date and promising to make payment in kind with real estate.
The Daeryun fraud attorney emphasized that the client had not committed fraud intentionally and requested leniency.
Rebuttal of the Larceny and Intrusion into a Structure Charges Against the Client Punished for the Crime of Fraud
The Daeryun fraud attorney emphasized that there was no intent with respect to the 🔗larceny and intrusion into a structure charges.
These charges arose from a misunderstanding related to the relocation of an office to a building that had been sold at auction after the rehabilitation of the client's company was discontinued.
The client's company building, which had been awarded to a third party at auction, still held only office furnishings, and the third party had not yet taken actual possession.
In the course of clearing out the office, the client mistakenly took the victims' belongings, and the victim's report of theft in response led to the institution of public prosecution in this case.
The Daeryun fraud attorney emphasized that the client had not intentionally committed larceny or intrusion into the building.
3. Client in the Fraud Case Obtained a Suspended Sentence on Appeal
The client, who received an actual custodial sentence at the first instance for the crime of fraud and other offenses, obtained a suspended sentence on appeal.
The court accepted the arguments of the Daeryun fraud attorney and recognized that the client had made efforts to complete the delivery to the end and that there had been no intent.
If You Need an Attorney's Help with the Crime of Fraud or Other Offenses
If you have become involved in a charge such as fraud, you need the help of a specialized attorney to protect your rights, seek a reduction of punishment, and pursue recovery for the harm.
As with the client in the case above, in order to prepare an appeal against a first-instance judgment, one must find new evidence and favorable evidence that could not be established at the first instance and persuade the court.
At Daeryun LLC, attorneys with an average of twenty years of practical experience provide a defense strategy for clients based on their extensive practical experience.
If you need the help of a 🔗specialized attorney in a situation such as punishment for the crime of fraud or other offenses, please reach out to Daeryun LLC.
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