Daeryun's Gwangju Attorney Office | A Client Who Filed a Criminal Complaint on Fraud Charges, With Imprisonment Imposed on the Defendant

The client received a request from a colleague working at the same hospital to lend 650,000 won, saying ‘I need money for my child's hospital bills.’

The client immediately lent the money, and that evening received the money back from the colleague.

However, thereafter the colleague continued to ask to borrow money for reasons such as ‘my mother took out an illegal loan and I need cash urgently.’

The client states that he continued to lend money, thinking it would be returned promptly as before.

In this way, the client lent a total of 46 million won over 14 occasions, but the defendant has to this day not returned any of that money, and accordingly the client sought to file an accusation against the defendant on the charge of the crime of fraud.

The charge the client sought to apply to the defendant is the 🔗crime of fraud.

The crime of fraud is a crime of deceiving another to receive property or obtain a pecuniary benefit, and because it is a crime involving the movement of money, proof of the existence of a deceptive act is required.

A person charged with the crime of fraud may, under the Criminal Act, be subject to imprisonment for not more than 10 years or a fine not exceeding 20 million won.

If the amount defrauded through fraud is 5 hundred million won or more, the punishment is aggravated.

Where the amount of benefit is 5 hundred million won or more but less than 5 billion won, the person is subject to imprisonment for a definite term of not less than 3 years,

and where the amount of benefit is 5 billion won or more, the person is subject to life imprisonment or imprisonment for a definite term of not less than 5 years.

In addition, a fine in an amount up to the amount of benefit may be imposed concurrently.

The defendant had, in KakaoTalk messages with the client, promised on several occasions that she would definitely repay the money.

In addition, the office emphasized the fact that the client had lent the money in good faith to help a colleague at the same workplace who was in difficulty, yet the defendant, making various excuses, has to this day not repaid the money and has rather maintained a brazen attitude at the workplace.

As a result of Daeryun's investigation, an attachment remains on a vehicle the defendant had owned in the past. In addition, there were facts of an attachment and the establishment of a mortgage on the vehicle the defendant currently owns, due to delinquency in paying parking violation administrative fines.

In light of this, it was argued that the defendant appeared to be in a state of excess debt with no ability to repay whatsoever.

If you are unable to recover money you have lent, you may proceed with a civil action such as a 🔗claim for return of a loan lawsuit, or, as in the case above, you may also have the person punished through a criminal action.

The most important thing in litigation related to a loan is clear proof of the fact that money was lent and could not be recovered.

In this regard, it is recommended to obtain the assistance of a specialist attorney to review the usefulness of the evidence you have and to secure additional evidence.

This is because, when conducting litigation alone, if there is no loan certificate, it is difficult to prove the monetary transaction, and if the opposing party argues that the purpose of that money was an investment, it is difficult to prove that it was a loan.

At Daeryun Law Firm (LLC), specialist attorneys with extensive experience in litigation similar to the client's form a TF to assist in protecting the client's rights and interests, so please feel free to request assistance at any time.