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Deals & Cases

Fraud

Daejeon Fraud Attorney Assistance | A Client Charged With Fraud Obtains a Non-prosecution Decision Through the Assistance of a Daejeon Fraud Attorney

The client, who had been charged with fraud by a business partner, sought out a fraud attorney at the Daejeon branch office in order to defend against punishment.

CONTENTS
  • 1. How the Client Came to Seek Out a Daejeon Fraud Attorney
    • - The Client Who Requested Assistance From a Daejeon Fraud Attorney
    • - The Statutes Relevant to the Case as Explained by a Daejeon Fraud Attorney
  • 2. The Assistance Provided by the Daejeon Fraud Attorney
    • - The Daejeon Fraud Attorney's Assistance ① | Emphasizing the Repayment Plan
    • - The Daejeon Fraud Attorney's Assistance ② | Emphasizing Negligence
  • 3. The Result of the Daejeon Fraud Attorney's Assistance: “Non-prosecution”

1. How the Client Came to Seek Out a Daejeon Fraud Attorney

The client, after being charged with fraud by a company with which the client had done business for a long time, requested assistance from a Daejeon fraud attorney at the Daejeon branch office.

The Client Who Requested Assistance From a Daejeon Fraud Attorney

This is the account of the client who requested assistance from a Daejeon fraud attorney.

The client ran a food business and had done business with a distribution company for a long time, receiving supplies from it.

The settlement of the price of goods between the two companies did not take place each time but, depending on the type of transaction, the price, and other factors, the settlement amount varied each time and was settled all at once according to that amount.

Then, as the client's financial situation rapidly worsened, the client began delaying payment, and a debt arose between the two companies.

However, the client was charged with fraud by the business partner and therefore sought out a Daejeon fraud attorney to request assistance in order to defend against punishment.

The Statutes Relevant to the Case as Explained by a Daejeon Fraud Attorney

The client was facing a charge of 🔗fraud for failing to pay the price of goods.

The crime of fraud is an offense committed when a person deceives another and obtains delivery of property or a pecuniary benefit.

Fraud includes claims, payments, game items, trade secrets, and similar items, and it is provided for in Article 347 of the Criminal Act.

▶ Article 347 of the Criminal Act (Fraud)
① A person who deceives another and obtains delivery of property or a pecuniary benefit shall be punished by imprisonment for not more than 10 years or a fine not exceeding 20 million won.

If the amount obtained exceeds a certain amount, aggravated punishment is imposed under the Act on Aggravated Punishment of Specific Economic Crimes (🔗Act on Aggravated Punishment of Specific Economic Crimes), with the levels of punishment as follows.

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

2. The Assistance Provided by the Daejeon Fraud Attorney

After grasping the client's case, the Daejeon fraud attorney formed a task force with attorneys who possess extensive experience.

Aiming for non-prosecution, the attorney gathered grounds favorable to the client and provided the following assistance.

The Daejeon Fraud Attorney's Assistance ① | Emphasizing the Repayment Plan

As the profits from the business declined, the client eventually closed the business.

However, because there were amounts that had not yet been settled, the client worked at the complainant's shop and used all of his wages, apart from minimum living expenses, toward repayment.

In this way, the attorney emphasized that the client had prepared a plan to repay the debt and had made efforts toward repayment.

The Daejeon Fraud Attorney's Assistance ② | Emphasizing Negligence

Because the client had done business with the complainant for a long time, the client believed that the price could be repaid on the settlement date.

However, as the client's financial situation suddenly worsened, the client was undergoing individual rehabilitation and, working at the complainant's shop, is still making efforts to repay the debt to this day.

Therefore, because the client engaged in no act of deception, the client never intentionally deceived the complainant, and it can be said that the complainant was likewise never deceived.

In addition, the attorney emphasized that the client cooperated faithfully with the investigation while the complainant's statements were inconsistent, and that the client's fault was difficult to recognize.

3. The Result of the Daejeon Fraud Attorney's Assistance: “Non-prosecution”

Accepting the Daejeon fraud attorney's argument, the prosecution ultimately issued a non-prosecution decision regarding the client's fraud charge.

If You Are Charged With Fraud

The above case was one in which the client, who had been charged with fraud, successfully defended against punishment through the assistance of a Daejeon fraud attorney.

In this way, if you have been charged with fraud, responding strategically from the investigation stage with the assistance of an attorney is advantageous.

Daeryun Law Firm has 🔗criminal attorneys who take on cases and accompany clients directly from the investigation through the trial, providing close assistance to the client.

If you are in a situation similar to the case above where you need to defend against punishment, please request assistance from a Daejeon fraud attorney at any time.

대전사기죄변호사

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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