CONTENTS
- 1. The Client's Situation
- - How the Client Came to the Daejeon Law Office
- 2. Statutes Related to the Case as Explained by the Daejeon Law Office
- 3. The Daejeon Law Office's Assistance
- - Daejeon Law Office Argument ① The Fraudulent Act
- - Daejeon Law Office Argument ② Sexual Exploitation
- 4. The Prosecution's Decision on the Daejeon Law Office's Argument
- - If You Need the Daejeon Law Office's Help
1. The Client's Situation
The client came to the attorney seeking assistance from a law office with experience handling a variety of sex offense cases in order to hold the perpetrator legally responsible.
How the Client Came to the Daejeon Law Office
The account of the client for a consultation is as follows.
The client, a minor, and the perpetrator, a friend, had been close for about three years.
Then one day, the friend, who urgently needed money, gaslit the client into believing that a debt was owed, decided to defraud the client of property, and obtained about 8 million won.
In addition, the perpetrator maliciously tormented the client by, among other things, having the client film and send obscene videos and forcing the client into prostitution.
In the early stage of the case, the client submitted a complaint without the assistance of an attorney, but the police issued a non-referral decision, finding no suspicion as to all of it.
Realizing during the prosecutor's request for supplementary investigation that more thorough preparation was needed, the client decided to entrust the case to an attorney.
As a victim of sexual exploitation, 🔗the crime of fraud, and 🔗the crime of coercion, the client came to the attorney seeking assistance from a law office with extensive know-how in handling criminal cases.
2. Statutes Related to the Case as Explained by the Daejeon Law Office
The client requested the attorney's assistance as a victim of the production and distribution of sexual exploitation material, fraud, coercion, and other offenses.
If the above charges are recognized, the perpetrator may be punished under the following provisions.
Act on the Protection of Children and Youth against Sexual Abuse, Article 11 (Production and Distribution of Child or Youth Sexual Exploitation Material, etc.)
(1) A person who produces, imports, or exports child or youth sexual exploitation material ▶ imprisonment for at least 5 years
(2) A person who, for profit, sells, lends, distributes, or provides child or youth sexual exploitation material, or who, for such purposes, possesses, transports, advertises, introduces, displays, or screens it ▶ imprisonment for a definite term of at least 5 years
Criminal Act, Article 347 (Fraud)
(1) A person who defrauds another to receive the delivery of property or obtains a pecuniary advantage shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 20 million won.
Criminal Act, Article 324 (Coercion)
(1) A person who, through assault or intimidation, obstructs another's exercise of a right or compels another to do an act without obligation shall be punished by imprisonment for not more than 5 years or by a fine not exceeding 30 million won.
Related Precedent
The crime of fraud is an offense that is committed by defrauding another and, based on the resulting defective intent, receiving the delivery of property or obtaining a pecuniary advantage. Its essence lies in the acquisition of property or a pecuniary advantage through a fraudulent act, and it does not require that harm be caused to the other party. (2003Do7828)
3. The Daejeon Law Office's Assistance
The Daejeon law office reviewed the precedents related to the case in detail, established a systematic response, and made the following arguments.
Daejeon Law Office Argument ① The Fraudulent Act
The perpetrator defrauded the client by acting as though there were a legitimate claim against the client.
In the name of repaying the debt, the perpetrator had the client perform errand work and even lied that a penalty had been incurred because the victim had failed to carry out the errands properly.
The attorney emphasized that the perpetrator had deceived the victim into believing that the false debt to be repaid amounted to a total of 300 million won, and had received a total of 8 million won in property, obtaining a pecuniary advantage.
Daejeon Law Office Argument ② Sexual Exploitation
The perpetrator induced the client into prostitution on the pretext of forgiving the debt.
The perpetrator received the proceeds on the victim's behalf and, through deceptive means, caused the victim, a child or youth, to become the counterpart in an act of buying sex.
The attorney also emphasized that the perpetrator had committed offenses such as deceiving the victim into filming sexual exploitation material and sharing it with an unidentified person via Telegram.
4. The Prosecution's Decision on the Daejeon Law Office's Argument
Even though the perpetrator was a minor, the prosecution did not refer the matter to the juvenile court and issued a decision to indict for formal trial without detention.
Accordingly, the perpetrator came to stand the same criminal trial as an adult.
※ Indictment for formal trial without detention : an indictment in which, at the prosecution stage, the prosecutor brings charges with an actual custodial sentence in mind, resulting in a formal trial being held
If You Need the Daejeon Law Office's Help
The above was a case in which the client, a victim of sexual exploitation and other harm, proceeded with representation by the attorney in filing a complaint and obtained a decision to indict the perpetrator for formal trial without detention.
To quickly identify the issues and respond thoroughly in the early stage of a case, obtaining the help of an attorney is important.
Daeryun operates its own forensic system to lawfully collect evidence and systematically prepare the necessary procedures, securing a favorable position in a case.
If you need representation in filing a complaint in a criminal case, please entrust your case through a criminal attorney 🔗Legal Consultation Reservation.
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