CONTENTS
- 1. The Client Who Sought a Suncheon Attorney Recommendation
- 2. Assistance for the Client Who Received a Suncheon Attorney Recommendation
- - Suncheon Attorney Recommendation Strategy 1: Arguing That the Full Amount of Damage Had Been Compensated
- - Suncheon Attorney Recommendation Strategy 2: Arguing That This Was a First Offense
- - Suncheon Attorney Recommendation Strategy 3: Arguing Sincere Remorse
- 3. The Client Who Received a Suncheon Attorney Recommendation Succeeded in Obtaining a Suspended Sentence on Appeal
1. The Client Who Sought a Suncheon Attorney Recommendation
The client, who visited Daeryun on a referral to a Suncheon attorney, was in a situation in which the client had received a sentence of imprisonment at the first instance for the crime of fraud.
Wishing to avoid an actual custodial sentence, the client decided to appeal and, on a referral to a Suncheon attorney, visited Daeryun.
The Situation of the Client Who Received a Suncheon Attorney Recommendation
The client, who came on a referral to a Suncheon attorney, was in a situation in which the client had deceived the victim and received funds amounting to approximately 100 million won, and had been sentenced to imprisonment at the first instance for the 🔗crime of fraud.
The legal standards for the crime of fraud are set forth in Article 347 of the Criminal Act and in the Act on Aggravated Punishment of Specific Economic Crimes.
The Criminal Act provides that a person who deceives another and thereby obtains a pecuniary benefit shall be punished by imprisonment for not more than ten years or a fine not exceeding twenty million won.
Where the amount of gain from the crime of fraud is five hundred million won or more, the offender is punished under the Act on Aggravated Punishment of Specific Economic Crimes.
In cases of fraud, punishment is imposed in consideration of the amount of gain, the motive and method of the crime, the circumstances of the victim, and other factors.
2. Assistance for the Client Who Received a Suncheon Attorney Recommendation
For the client, who came on a referral to a Suncheon attorney, Daeryun gathered evidence for sentencing purposes and proceeded with the appeal.
Suncheon Attorney Recommendation Strategy 1: Arguing That the Full Amount of Damage Had Been Compensated
The client compensated the victim for the entire amount of the loss.
The client had intended to compensate the victim for the loss even before the complaint in this case was filed, but because the victim stated that no settlement could be reached unless the loss was paid in a lump sum, the client had been unable to compensate the loss or reach a settlement.
The client subsequently compensated the entire amount of the loss over several installments.
The Suncheon attorney submitted transaction records showing that the entire loss had been compensated as evidence and argued that, because a significant change in circumstances had arisen after the original judgment, the sentence imposed by the lower court was excessive.
Suncheon Attorney Recommendation Strategy 2: Arguing That This Was a First Offense
The client had never been investigated for or subjected to criminal punishment for any crime prior to this case.
The Suncheon attorney emphasized that the client was a first-time offender and argued that the sentence of imprisonment imposed at the first instance was excessively severe.
Suncheon Attorney Recommendation Strategy 3: Arguing Sincere Remorse
The Suncheon attorney emphasized that the client and the client's family sincerely apologized to the victim and were showing remorse.
In fact, the client's wife visited the victim, offered an amount in addition to the amount of the loss, and pleaded for forgiveness of her husband while apologizing.
In response, the victim, unlike at the first instance where severe punishment had been demanded, forgave the client.
On the basis of this, the Suncheon attorney argued that the punishment imposed at the first instance was excessive.
3. The Client Who Received a Suncheon Attorney Recommendation Succeeded in Obtaining a Suspended Sentence on Appeal
The client, who visited Daeryun on a referral to a Suncheon attorney, succeeded in defending against punishment, with the sentence changed from imprisonment to a suspended sentence.
The client said, “I decided to appeal in order to avoid imprisonment. I came to Daeryun on a referral to an attorney in Suncheon, and I believe it was a good decision to choose Daeryun.”
Where an actual custodial sentence has been imposed at the first instance, it is necessary to persuade the court, with the assistance of an experienced attorney, by presenting sentencing factors sufficient to overturn the first-instance judgment.
The Daeryun Suncheon attorney centered the defense on the points that the amount of the loss had been compensated and that, through sincere remorse, the victim had forgiven the client.
As a result, the client was able to have the original judgment reversed and to defend the matter with a suspended sentence.
At Daeryun Law Firm, an attorney handles the matter from the consultation stage and provides a defense strategy tailored to the client's situation.
If you are seeking an attorney in a situation similar to the above, please visit the Daeryun Law Firm 🔗Suncheon Office.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
