Criminal Complaint for Fraud | Assisting a Client With a Criminal Complaint for Fraud, Leading to a Prison Sentence for the Perpetrator

🔗Crime of fraud If you have suffered harm, a criminal complaint for fraud is necessary to recover the monetary loss.

A criminal complaint is a procedure in which a victim harmed by a crime, or a person in a specified relationship, reports the facts of the crime to an investigative agency and urges the punishment of the offender.

If you have suffered harm from fraud, a person eligible to file a criminal complaint must prepare and submit a written complaint.

In the written complaint, it is recommended to set out the purpose of the complaint, the facts of the crime, and the reasons for filing it in specific terms, and to submit, together with it, materials that can objectively prove the harm suffered from the fraud.

The crime of fraud is a crime of deceiving another person to receive property or to obtain a pecuniary benefit.

Because the crime of fraud is committed only when there is an act of deception, the act of deception must be proven.

Under the Criminal Act, the crime of fraud is punishable by imprisonment for not more than 10 years or a fine of not more than 20 million won. However, if the amount gained is 500 million won or more, aggravated punishment applies under the Act on Aggravated Punishment of Specific Economic Crimes.

∙ If the amount gained is 500 million won or more but less than 5 billion won, imprisonment for a definite term of not less than 3 years

∙ If the amount gained is 5 billion won or more, life imprisonment or imprisonment for a definite term of not less than 5 years

∙ In addition, a fine corresponding to no more than the amount gained may be imposed concurrently.

As evidence for the criminal complaint for fraud, the attorney argued the facts showing that the accused had defrauded the client of funds.

After learning that the complainant owned land in a nearby area, the accused approached the complainant and said, "Since you have difficulty getting around, I will build the country house you wanted on your behalf."

The accused received approximately 20 million won in cash as preparation funds for building the house, but there was no progress at all on the construction.

The fraud attorney argued that the accused had committed an act of deception.

After taking the funds for building the client's house, the accused asked for an additional 30 million won, using the pretext that there was no money for the workers' wages and building materials.

The accused continued to demand more money thereafter, using the pretext of completing the construction.

The client was taken aback by the continued demands for money, but having already spent a great deal, the client was in a position from which there was no turning back and continued to pay.

However, the accused did not use any of the money received from the client for the construction costs.

The fraud attorney argued that receiving money on several occasions under the pretext of construction costs, despite making no progress at all on the construction, was a clear act of deception.