CONTENTS
- 1. How the Client Came to the Gunsan Law Office
- - The Client Who Requested Assistance From the Gunsan Law Office
- - The Statutes Relevant to the Case, Explained by the Gunsan Law Office
- 2. The Assistance Provided by the Gunsan Law Office
- - Gunsan Law Office, Arguing That Efforts Toward Compensating the Victim Were Being Made
- - Gunsan Law Office, Arguing That Leniency Was Being Sought
- - Gunsan Law Office, Arguing That the Client Was a First-Time Offender
- 3. With the Assistance of the Gunsan Law Office, Dismissal of the Appeal
- - If You Need the Help of the Gunsan Law Office?
1. How the Client Came to the Gunsan Law Office
The client, who held a legal consultation at the Gunsan law office, had received a suspended sentence in the trial of first instance on a charge of aiding and abetting fraud, but came to the Gunsan law office to defend against punishment after the prosecutor filed an appeal.
The Client Who Requested Assistance From the Gunsan Law Office
This is the account of a client who requested assistance from the Gunsan law office.
Acting on a proposal from an unidentified member of a telecommunications-based financial fraud organization, the client took on the role of a cash collector who gathered cash from victims and delivered it.
He then deceived a victim and received a large sum of money under the pretext of loan repayment.
From that point, he extorted money from victims on approximately fifteen occasions.
Although the client received a suspended sentence in the trial of first instance, the prosecutor filed an appeal on the ground that the judgment of the lower court was too lenient.
Having become afraid of punishment, the client came to the Gunsan law office to request a legal consultation.
The Statutes Relevant to the Case, Explained by the Gunsan Law Office
▣ Aiding and Abetting Fraud / Article 347 of the Criminal Act (Fraud)
(1) A person who obtains the delivery of property or acquires a pecuniary advantage by deceiving another shall be punished by imprisonment for not more than ten years or by a fine not exceeding twenty million won.
(2) The same punishment as in the preceding paragraph shall apply where a third party is caused to receive the delivery of property or to acquire a pecuniary advantage by the method described in the preceding paragraph.
▣ Article 114 of the Criminal Act (Organization of Criminal Groups, etc.)
A person who organizes, joins, or acts as a member of a group or organization for the purpose of committing a crime punishable by the death penalty, life imprisonment, or imprisonment for a maximum term of four years or more shall be punished by the penalty prescribed for the intended crime. Provided, that the punishment may be mitigated.
2. The Assistance Provided by the Gunsan Law Office
Through a legal consultation with the client, the Gunsan law office gathered various sentencing materials and established a systematic strategy.
The Gunsan law office assisted the client by making the following arguments.
Gunsan Law Office, Arguing That Efforts Toward Compensating the Victim Were Being Made
The attorney argued that the client, with the help of his family, had made the greatest possible efforts at repayment, and that he had accordingly reached settlements with all of the victims or made criminal deposits with an official depository.
Gunsan Law Office, Arguing That Leniency Was Being Sought
The client is a student who has consistently led a diligent and exemplary school life.
The attorney argued that the client's family, who are aware of his diligent character, wrote and submitted letters of appeal seeking leniency for him.
Gunsan Law Office, Arguing That the Client Was a First-Time Offender
The client is a first-time offender with no record of any criminal punishment.
The attorney also argued that the client was not an active leader of the offense in this case but had participated passively in accordance with instructions.
3. With the Assistance of the Gunsan Law Office, Dismissal of the Appeal
Accepting the arguments of the Gunsan law office, the court rendered a judgment stating, "The prosecutor's appeal is dismissed."
Satisfied with the outcome, the client came to the Gunsan law office and repeatedly expressed his gratitude.
If You Need the Help of the Gunsan Law Office?
The case above is one in which a client facing an appellate trial on a charge of aiding and abetting fraud related to the 🔗crime of fraud obtained a dismissal of the appeal with the assistance of the Gunsan law office.
In the Criminal Group of Daeryun LLC, attorneys with extensive practical experience and expertise assist clients through accurate ascertainment of the facts and thorough legal review.
If you are experiencing difficulty in a situation similar to the case above, please feel free to come to the Gunsan law office of Daeryun LLC to request a legal consultation.
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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