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Deals & Cases

Fraud

Busan Criminal Attorney Assistance | Busan Criminal Attorney Obtains a Suspended Sentence for a Client Charged With Fraud

The client had become involved in a criminal case after obtaining money through fraud, and sought out the criminal attorney at the Busan office in order to reduce the punishment.

CONTENTS
  • 1. How the Client Came to Seek a Busan Criminal Attorney
    • - The Client's Situation
    • - Fraud Explained by the Busan Criminal Attorney
  • 2. Assistance Provided by the Busan Criminal Attorney
    • - The Busan Criminal Attorney's Argument ① | Criminal Record
    • - The Busan Criminal Attorney's Argument ② | Recovery of the Victim's Loss
    • - The Busan Criminal Attorney's Argument ③ | Dependents
  • 3. Result of the Busan Criminal Attorney's Assistance: “Suspended Sentence”

1. How the Client Came to Seek a Busan Criminal Attorney

The client, facing trial for fraud after obtaining a large sum of money, visited the Busan office.

The Client's Situation

This is the account of the client who requested the assistance of the Busan criminal attorney.

The client, a factory manager at a manufacturing company, wished to introduce a close acquaintance to a way of buying a truck cheaply.

The acquaintance believed the client and handed over the payment, including a fee.

However, the client had neither the intention nor the ability to arrange the truck and used the payment for personal purposes.

In the end, the acquaintance learned of these facts and filed a complaint against the client, and the client came to face a charge of fraud.

Now facing trial, the client sought out the Busan criminal attorney and requested assistance in order to avoid an actual custodial sentence.

Fraud Explained by the Busan Criminal Attorney

🔗Fraud is a property crime in which a person obtains property or acquires a pecuniary benefit by deceiving another.

Fraud has no fixed type of object, and claims, payments, game items, trade secrets, and the like can also constitute fraud.

Fraud is provided for in Criminal Act Article 347, and the level of punishment is as follows.

▶ Criminal Act Article 347 (Fraud)
① A person who obtains property or acquires a pecuniary benefit by deceiving another shall be punished by imprisonment for up to 10 years or a fine of up to 20 million won.

However, if the amount obtained exceeds a certain threshold, aggravated punishment applies under the Act on Aggravated Punishment of Specific Economic Crimes.

The level of punishment is as follows.

▶ Act on Aggravated Punishment of Specific Economic Crimes Article 3 (Aggravated Punishment of Specific Property Crimes)
If the gain is at least 5 billion won: life imprisonment or imprisonment for at least five years
If the gain is at least 500 million won but less than 5 billion won: imprisonment for a definite term of at least three years

2. Assistance Provided by the Busan Criminal Attorney

The Busan criminal attorney conducted a consultation with the client and reviewed the case together with attorneys experienced in criminal matters.

The attorney then gathered sentencing factors that would work favorably and presented the following arguments.

The Busan Criminal Attorney's Argument ① | Criminal Record

The client had no record of any prior criminal punishment, let alone any prior offense of the same kind, before this crime.

The attorney also emphasized that the client showed remorse for the crime and prepared a letter of apology, together with a pledge never to commit the same crime again.

The Busan Criminal Attorney's Argument ② | Recovery of the Victim's Loss

The client conveyed a sincere apology to the victim and sought to repay the loss.

The attorney emphasized that the client repaid a portion of the amount and was making every effort to help the victim recover the loss.

The Busan Criminal Attorney's Argument ③ | Dependents

The client is the head of a household and is responsible for the family's livelihood.

The attorney emphasized that, as the client is the only member of the family engaged in economic activity, an actual custodial sentence would make it difficult for the remaining family members to support themselves.

3. Result of the Busan Criminal Attorney's Assistance: “Suspended Sentence”

Accepting the Busan criminal attorney's arguments, the court issued a judgment stating, “The defendant is sentenced to six months' imprisonment. However, execution of this sentence is suspended for two years from the date this judgment becomes final.

Charged With Fraud?

In the case above, a client facing trial for fraud concluded the matter with a suspended sentence through the assistance of the Busan criminal attorney.

As this shows, if you are facing trial on a fraud charge, it is recommended to gather sentencing materials and proceed strategically with the assistance of an attorney.

At Daeryun Law Firm, numerous 🔗criminal attorneys with extensive experience communicate in real time and make every effort to guide cases in a favorable direction.

If, as in the case above, you are charged with fraud and need to defend against punishment, please feel free to request the assistance of the Busan criminal attorney at any time.

 부산형사사건변호사

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.

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