CONTENTS
- 1. The Client Who Received a Wonju Attorney Referral
- 2. Assistance for the Client Who Received a Wonju Attorney Referral
- - Fraud Defense Strategy 1. Arguing That There Was No Act of Fraud
- - Fraud Defense Strategy 2. Arguing That the Money Was a Gift
- 3. The Client Who Received a Wonju Attorney Referral, Successful Non-Prosecution Decision
1. The Client Who Received a Wonju Attorney Referral
The client who received the attorney referral had been reported on fraud charges.
To defend against punishment, the client was referred to an attorney with extensive experience in related cases and visited the Wonju attorney's office.
The attorney set out to understand the case through a thorough consultation with the client.
The Crime of Fraud, Explained by a Wonju Attorney
Fraud is a crime in which a person deceives another to obtain property or acquire a pecuniary benefit.
The sentence for the crime of fraud is set out in the Criminal Act.
Under the Criminal Act, the crime of fraud is punishable by imprisonment for up to 10 years or a fine of up to 20 million won. However, if the amount of gain is 500 million won or more, aggravated punishment applies pursuant to the Act on Aggravated Punishment of Specific Economic Crimes.
An important element for the establishment of 🔗the crime of fraud is the “act of deception.”
The crime is committed when the act of deceiving the other party causes that party to fall into a mistaken belief, when financial harm results so that an intent of unlawful acquisition appears, and when there is intent or purpose.
2. Assistance for the Client Who Received a Wonju Attorney Referral
The attorney set out to assist the client who received the attorney referral.
Fraud Defense Strategy 1. Arguing That There Was No Act of Fraud
The attorney argued that there had been no act of fraud.
The client had recently lost employment and was preparing to start a self-owned business.
In the meantime, the client came to need a substantial sum, and the complainant, who was the client's romantic partner, readily handed over the funds, telling the client to use them to help cover the shortfall.
For an act of fraud to be established, there must be an act of deception as to the intent to repay or the ability to repay.
The attorney emphasized that the client and the complainant were partners seeing each other on the premise of marriage, and that the client had purely received help in the course of planning a future together, emphasizing that there had been no act of deception.
Fraud Defense Strategy 2. Arguing That the Money Was a Gift
The attorney argued that the funds the complainant had handed to the client were not a loan but a gift.
This is because whether the crime of fraud is established differs depending on whether the funds were a gift or a loan.
Under the Civil Act, a gift takes effect when one party expresses the intent to gratuitously confer property on the other party and the other party accepts it.
In other words, because the property is conferred gratuitously, the recipient of the property has no obligation to return or repay it.
To prove that the client had never said anything like “lend me money” or “I will pay it back,” the attorney submitted text messages and recordings from the relevant period as evidence.
The attorney also submitted as evidence a text message in which the complainant told the client, who was hesitant to receive such a large sum, “Don’t worry. I am not taking this money back from you. Don’t worry and use it for what you need.”
3. The Client Who Received a Wonju Attorney Referral, Successful Non-Prosecution Decision
As a result of the prosecutorial investigation, the client who received the attorney referral received a non-prosecution decision and successfully concluded the case.
The client explained that, “I was at a loss as to how to respond to the fraud complaint. Thanks to the attorney, I was able to clear up the injustice.”
As with the client in the above case, when a financial issue arises between romantic partners, the most important thing is to secure evidence such as the content of the conversations between the two parties and the account transaction records of the money paid, and to prove one's assertions.
Daeryun Law Firm uses AI big-data judgment analysis to predict the flow of a client's case and to maximize the likelihood of a favorable judgment.
If you wish to improve your chances of a favorable judgment in a situation like the one above, please visit the Daeryun Law Firm 🔗Wonju 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.
