CONTENTS
- 1. How the Client Came to Seek a Changwon Criminal Attorney
- - The Governing Statutes Explained by a Changwon Criminal Attorney
- 2. A Changwon Criminal Attorney's Assistance to the Client
- - The Changwon Criminal Attorney's Argument | The Absence of Any Prior Criminal Record
- - The Changwon Criminal Attorney's Argument | The Settlement With the Victims
- 3. The Result of the Changwon Criminal Attorney's Assistance: A Suspended Sentence
1. How the Client Came to Seek a Changwon Criminal Attorney
This is the account of how the client came to be involved in a criminal fraud case and sought a Changwon criminal attorney.
The client is a self-employed person who runs a small shop.
One day, the client was introduced to a supplier offering prices far lower than the existing wholesalers, which made it possible to sell popular products at low prices.
With sales rising sharply, the client took large advance orders intending to sell the products on a large scale, but the supplier reportedly cut off deliveries abruptly.
When the products were not delivered by the reserved time, the consumers who had paid deposits collectively demanded refunds.
Short of cash at that moment, the client was unable to provide the refunds and reportedly came to face trial on a fraud charge.
In the end, wishing to avoid an actual custodial sentence, the client sought a Changwon criminal attorney.
The Governing Statutes Explained by a Changwon Criminal Attorney
Fraud is a criminal act of deceiving a person to receive property or to obtain any other pecuniary advantage.
🔗The crime of fraud is committed when there is an intentional act of deception, and that deception causes financial loss to the victim.
▷ A person who deceives another to receive property or obtains pecuniary advantage may be punished by imprisonment for not more than 10 years or by a fine not exceeding 20 million won.
If the amount obtained exceeds a certain threshold, however, the punishment is aggravated under the Act on Aggravated Punishment of Specific Economic Crimes.
▷ If the amount of gain is 5 billion won or more: life imprisonment or imprisonment for at least 5 years
▷ If the amount of gain is at least 500 million won but less than 5 billion won: imprisonment for at least 3 years for a definite term
2. A Changwon Criminal Attorney's Assistance to the Client
Before the criminal fraud proceedings, the Changwon criminal attorney took the contents of the consultation with the client, carefully examined the circumstances of the case, and then gathered grounds for sentencing.
The attorney then made the following arguments.
The Changwon Criminal Attorney's Argument | The Absence of Any Prior Criminal Record
Until the present criminal proceedings, the client had no prior record and was a diligent self-employed person and member of society.
The Changwon criminal attorney therefore argued that leniency was warranted so that the client could continue to live as a healthy citizen.
The Changwon Criminal Attorney's Argument | The Settlement With the Victims
Even after facing suit on a fraud charge, the client made every effort to repay the refunds that had not been returned, in order to fulfill the client's responsibility to those who were both victims and the client's own customers.
In response, the victims prepared a written settlement stating that, trusting the client's sincerity, they did not seek heavy punishment.
The Changwon criminal attorney emphasized that the client had actively worked to minimize the victims' harm and that, as a result, a settlement had been reached with the victims.
3. The Result of the Changwon Criminal Attorney's Assistance: A Suspended Sentence
Through the arguments described above, the Changwon criminal attorney requested that the sentence imposed on the client be minimized.
Accepting the Changwon criminal attorney's arguments, the court issued a judgment ordering that “the defendant be sentenced to 8 months' imprisonment. The execution of this sentence shall, however, be suspended for 2 years from the date this judgment becomes final.”
If You Have Been Sued in Criminal Proceedings for Fraud
If, like the client in the account above, you have become involved in criminal proceedings arising from a crime, it can be helpful to receive the active assistance of a criminal attorney in order to assess the case comprehensively and to prepare a response quickly.
At Daeryun Law Firm, a number of criminal attorneys review the case from multiple angles and, to defend against punishment, provide close assistance from the early stages, accompanying the client and helping to avoid disadvantageous statements
If you have been involved in a criminal trial on a fraud charge and need to defend against punishment, it is recommended that you seek a criminal 🔗legal consultation at any time.
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.
