CONTENTS
- 1. The Client's Situation
- - Case-Related Information Provided by the Tongyeong Attorney
- 2. Assistance Provided by the Tongyeong Attorney
- - The Tongyeong Attorney's Defense ① A Gift, Not a Loan
- - The Tongyeong Attorney's Defense ② There Was No Intent to Deceive
- 3. Result of the Tongyeong Attorney's Assistance: “Non-Prosecution”
1. The Client's Situation
This is the situation of the client.
The client had a childhood friend, known from church, and the friend's family.
The friend's parents, who thought highly of the client and felt sympathy for the client's family circumstances, supported the client's living and educational expenses in the form of financial assistance.
For more than 10 years, the friend's parents supported the client's living expenses and provided this as a gift.
Then one day, the friend's family, whose business had suddenly fallen into difficulty, filed a fraud complaint against the client, claiming that the client was not repaying money the family had lent.
Bewildered, the client asked about the creditor-debtor relationship, pointing out that the client had never borrowed any money, but the matter could not be resolved through discussion, and so the client came to a Tongyeong attorney to obtain legal assistance.
Case-Related Information Provided by the Tongyeong Attorney
The crime of fraud with which the client was charged is a type of crime that involves deceiving a person to obtain property or to acquire a pecuniary benefit by fraud.
Representative examples include jeonse fraud, insurance fraud, and voice phishing, all of which constitute the crime of fraud.
Because there is no limitation on what may be the object of the crime of fraud, anything from simple cash to claims or rights of demand, game items, and trade secrets may be regarded as an object of the crime of fraud.
However, what matters most in establishing the crime of fraud is whether there was an intent to deceive.
If the other party is deceived by an act of deception and suffers property damage, the crime of fraud may be committed and the person may be punished, even if the amount is small.
If you have been criminally booked on a fraud charge in this way, an appropriate assessment of and response to whether the crime of fraud is committed is necessary, so rather than thinking it through on your own, consulting a criminal attorney can be helpful.
🔗If you would like to know more about the crime of fraud
2. Assistance Provided by the Tongyeong Attorney
The Tongyeong attorney carefully gathered circumstantial evidence showing that the client had received support from the friend's parents and had no intent to deceive, and presented arguments that could work favorably in sentencing.
The Tongyeong Attorney's Defense ① A Gift, Not a Loan
The money the client received from the friend's parents was, in every case, a gift that was purely in the nature of financial support, without any consideration or the character of a loan.
The Tongyeong attorney argued that, because the client had not incurred any debt in the first place, the crime of fraud was not committed.
The Tongyeong Attorney's Defense ② There Was No Intent to Deceive
The client never acted with any intent to deceive the friend's parents while receiving their support.
The Tongyeong attorney submitted recordings of conversations between the client and the friend's parents as evidence, and argued that, because there had been no act of deception by the client at all, the crime of fraud was not committed.
3. Result of the Tongyeong Attorney's Assistance: “Non-Prosecution”
Accepting the Tongyeong attorney's opinion, the prosecution determined that there was insufficient evidence to apply a fraud charge to the client and issued a “non-prosecution decision”.
If You Are Wrongfully Accused of Fraud
This was the account of how a client who had been wrongfully accused of fraud, on a claim that the client had borrowed money the client never borrowed, was assisted and obtained a non-prosecution decision.
In the case of the crime of fraud, because by its nature there is no limitation on what may be the object of the crime, there is a risk that one may be wrongfully indicted.
To escape a fraud charge, it is important to prove that there was no intent to deceive, but because it is difficult to persuasively establish the objectivity of an intent to deceive, the assistance of an experienced attorney is important.
At Daeryun Law Firm, 🔗attorneys with extensive experience in criminal cases, including the crime of fraud, prepare responses tailored to the client's situation.
If you are facing concerns over a similar case, please feel free to seek a consultation through a 🔗legal consultation appointment.
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.
