CONTENTS
- 1. The Client Who Came to the Gangneung Fraud Attorney
- - How the Client Came to the Gangneung Fraud Attorney
- 2. Legislation related to the case as explained by a Gangneung fraud attorney
- 3. Assistance provided by the Gangneung fraud attorney
- - Gangneung attorney emphasizes the client's attitude of remorse
- - Gangneung attorney emphasizes the complete absence of any prior record of the same offense
- - Gangneung attorney emphasizes the establishment of a settlement with the victims
- 4. The court's decision on the Gangneung fraud attorney's arguments
- - If you need the assistance of a Gangneung fraud attorney
1. The Client Who Came to the Gangneung Fraud Attorney
The client who came to the Gangneung fraud attorney visited the fraud attorney of the Gangneung branch office and requested a consultation in order to proceed with the case together with a specialist attorney and to obtain a suspended sentence on appeal.
How the Client Came to the Gangneung Fraud Attorney
The client requested financial help from the victim, stating that he needed money to use for interior construction work.
He promised the victim, ‘If you take out a loan and lend me the money, I will repay it by next month, before interest on the loan accrues.’
However, the client had no particular income or assets, and even if he borrowed money from the victim, he had neither the intention nor the ability to repay it.
In the end, he deceived the victim in this manner and, over a total of thirteen occasions, obtained a pecuniary advantage of approximately 40 million won from the victim.
The client borrowed money from acquaintances despite having no ability to repay it, and by failing to repay, caused many victims.
In the end, the court sentenced him to imprisonment at first instance for the crime of fraud.
He requested the help of the Gangneung fraud attorney in order to obtain a reduced sentence on appeal with the assistance of a specialist attorney.
2. Legislation related to the case as explained by a Gangneung fraud attorney
▶ Crime of fraud
The crime of fraud refers to any offense in which a person deceives another and, by exploiting the resulting mistaken intent of the other party, receives the delivery of property or obtains any other pecuniary benefit.
It is a representative property offense, and in everyday life it mainly appears in the form of voice phishing, insurance fraud, and similar schemes.
Criminal Act (Penal Code) Article 347 (Fraud)
1) A person who deceives another and thereby receives the delivery of property or obtains a pecuniary benefit shall be
2) The preceding paragraph shall also apply where, by the same means, a third party is caused to receive the delivery of property or to obtain a pecuniary benefit.
3. Assistance provided by the Gangneung fraud attorney
In order to reverse the lower court's judgment imposing a sentence of imprisonment with labor and to secure a suspended sentence at the appellate level, the Gangneung fraud attorney closely analyzed the first-instance case.
The attorney pleaded for leniency for the client by asserting the following points.
Gangneung attorney emphasizes the client's attitude of remorse
The client acknowledges all of his offenses and the underlying facts, sincerely feels sorry toward the victims, and is reflecting on his conduct.
The client feels a deep sense of guilt toward the victims, who would have suffered economic hardship because of him.
It was emphasized that he firmly resolves never to repeat the same wrongdoing and to live an honest life.
Gangneung attorney emphasizes the complete absence of any prior record of the same offense
The client has a record of being punished for offenses such as violation of the Motor Vehicle Management Act, but has no prior record of the same type of offense whatsoever.
In addition, it was emphasized that the client's family and acquaintances earnestly hope for leniency for the client, stating that they will look after him closely and ensure that the same thing never happens again.
Gangneung attorney emphasizes the establishment of a settlement with the victims
The client made tireless efforts over several months to obtain forgiveness from the victims.
In order to restore the victims' losses even slightly, he paid a settlement amount together with a sincere apology.
It was emphasized that the victims forgave him and expressed their intent not to seek his punishment.
4. The court's decision on the Gangneung fraud attorney's arguments
The court, accepting the arguments of the Gangneung fraud attorney, ruled as follows: 'The judgment of the lower court is reversed. The defendant is sentenced to 8 months of imprisonment with labor. However, the execution of the above sentence is suspended for 2 years from the date this judgment becomes final.'
If you need the assistance of a Gangneung fraud attorney
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