CONTENTS
- 1. The Client Who Requested a Gwangju Attorney Consultation
- 2. The Client's Response to the Police Investigation Through the Gwangju Attorney Consultation
- - Gwangju Attorney Consultation, Rebutting the Allegation of Fraud
- - Gwangju Attorney Consultation, Rebutting the Charges of Forgery and Use of a Private Document
- 3. Result of the Gwangju Attorney Consultation: Securing a Non-Referral Decision on All Charges
1. The Client Who Requested a Gwangju Attorney Consultation
The client who requested assistance through a Gwangju attorney consultation was facing a police investigation on charges such as fraud, forgery of a private document, and use of a forged private document.
The client wanted an attorney consultation regarding the false charges and visited the Gwangju attorney office.
Punishment Related to the Case, Explained by the Gwangju Attorney
The offense of 🔗document forgery/alteration is committed when a person, with the intent to use it, forges or alters a document or drawing concerning rights, duties, or the proof of facts.
A private document is a document prepared by an ordinary person for a private purpose, and forging one is punishable by imprisonment for up to five years or a fine of up to 10 million won.
Forgery of a private document also includes cases where the document is given a form that could mislead the other party, or where it is prepared by misappropriating another person's name without authority to prepare it.
In addition, using a forged document may establish a charge of use of a forged private document and may be punished.
The 🔗crime of fraud defined under the Criminal Act refers to the offense of deceiving another to receive property or to obtain a pecuniary advantage.
The crime of fraud is committed only where there is a deceptive act, so proof of the deceptive act is required.
2. The Client's Response to the Police Investigation Through the Gwangju Attorney Consultation
Through the Gwangju attorney consultation, the client's case was closely reviewed and a strategy for responding to the police investigation was developed.
The complainant is the owner of the building housing the store operated by the client.
The complainant alleges that the client, without the intent or ability to pay the contract price, entered into a contract to transfer the operating rights of the gym located in that building, and obtained a pecuniary advantage by earning revenue through the acquisition of those operating rights.
This led to a complaint on charges such as the crime of fraud, forgery of a private document, and use of a forged private document.
Gwangju Attorney Consultation, Rebutting the Allegation of Fraud
The Gwangju attorney argued that the client had, in order to operate the business, paid overdue taxes and loan interest, various utility charges, and the lease deposit on another's behalf.
Raising these points, the Gwangju attorney argued that the client could not be regarded as having lacked the intent or ability to make the purchase.
Gwangju Attorney Consultation, Rebutting the Charges of Forgery and Use of a Private Document
Through the Gwangju attorney consultation, it was argued that the client had changed the corporate entity and had paid loan interest equivalent to the monthly rent.
The Gwangju attorney argued that, based on the records of loan interest payments, it could not be said that there had been no lease agreement, and that apart from the complainant's assertion there was no evidence to prove that the client had forged the lease agreement.
3. Result of the Gwangju Attorney Consultation: Securing a Non-Referral Decision on All Charges
As a result of the Gwangju attorney consultation, the client was able to obtain a non-referral decision for insufficient evidence on all charges.
The client explained, “I was afraid the case would grow larger over false allegations. Thanks to the Gwangju attorney's careful consultation, I was able to resolve the case quickly.”
As with the client in this case, if you become involved in charges such as forgery of a private document, proving the presence or absence of intent is key.
This is because document forgery is regarded as undermining social trust and may be subject to strict punishment.
In addition, because the standard of punishment and whether a person is found not guilty vary depending on the purpose for which the document was prepared, its type, and the extent of the harm, consulting an attorney can be helpful.
Daeryun Law Firm provides tailored response strategies through careful consultation with the client.
If you are looking for an attorney consultation in Gwangju in a situation like this, please visit the Daeryun Law Firm 🔗Gwangju attorney 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.
