CONTENTS
- 1. The Client's Situation
- - The Client Booked on a Fraud Charge
- 2. The Relevant Statutes Explained by a Changwon Attorney
- - Elements of the Crime of Fraud and Statutory Sentencing
- 3. The Changwon Attorney's Assistance
- - Point of Assistance ① Gift
- - Point of Assistance ② Retaliatory Complaint
- 4. The Police Decision on the Changwon Attorney's Arguments
- - If You Need the Help of a Changwon Attorney
1. The Client's Situation
The client visited the Changwon office to obtain a decision of no charge for fraud and conclude the case promptly, and explained the detailed circumstances of the case.
The Client Booked on a Fraud Charge
The account of the client to request help is as follows.
The client had been dating her boyfriend for about three years and was living an ordinary life.
One incident, however, led to a serious quarrel between the two, and they naturally drifted apart and decided to break up.
Some time later, the client received a call from an investigative agency informing her that an investigation was beginning on a charge of 🔗fraud.
The reason was that the client was alleged to have defrauded her boyfriend of 40 million won while they were dating.
The client, who had committed no unlawful act, was booked on a fraud charge and could not hide her bewilderment.
Wishing to proceed with the case together with an attorney and resolve the matter promptly, she requested help from a Changwon attorney.
2. The Relevant Statutes Explained by a Changwon Attorney
The client was implicated in a fraud charge and wished to obtain a non-referral decision from the police.
The crime of fraud refers to an offense that is committed when a person deceives another and receives the delivery of property, obtains a pecuniary benefit, or causes a third party to obtain such a benefit.
In simple terms, it means deceiving another person with a lie and taking money or goods from the person who has been deceived.
Let us take a closer look at the elements and the statutory sentencing for the crime of fraud.
Elements of the Crime of Fraud and Statutory Sentencing
For the crime of fraud to be established, several conditions must be met. Let us take a closer look at the elements of the crime of fraud.
The elements of the crime of fraud differ between the standard that ordinary people have in mind and the requirements the court applies, so consulting an attorney and proceeding with the case together can be helpful rather than responding on your own.
▶ There must be an act of deception |
▶ Inducement of the other party's mistake |
▶ There must be a disposition by the other party |
▶ A pecuniary benefit must be obtained |
If a fraud charge is established, the offender may be punished by imprisonment for up to ten years or a fine of up to twenty million won.
3. The Changwon Attorney's Assistance
The Changwon attorney developed a thorough strategy based on the evidence.
To obtain a non-referral decision from the police, the attorney made the following arguments.
Point of Assistance ① Gift
It is true that the client received a transfer of about 40 million won from the complainant.
The money, however, was a gift from the complainant, with whom the client was dating at the time.
The attorney emphasized that the client had not deceived the complainant as to her ability or intention to repay, so the crime of fraud was not established.
Point of Assistance ② Retaliatory Complaint
The complainant, who knew that the client's family circumstances were difficult, voluntarily transferred money to the client.
The complainant, however, harbored dissatisfaction over the breakup and filed the complaint against the client with retaliatory intent.
The attorney therefore emphasized that the client bore no fraud charge whatsoever.
4. The Police Decision on the Changwon Attorney's Arguments
The police accepted the Changwon attorney's arguments and ultimately issued a non-referral decision.
The client, who concluded the case promptly with the non-referral decision, expressed deep gratitude to the Changwon attorney.
If You Need the Help of a Changwon Attorney
If you are involved in a criminal case, you should analyze the situation from a legal perspective, assess whether the charge is established, and respond systematically.
To avoid the risk of being wrongly subjected to excessive punishment, seeking the help of an attorney can be of considerable importance.
At Daeryun Law Firm, criminal attorneys with extensive practical experience work together with experts in various fields to guide cases to a favorable outcome.
If you have been implicated in a fraud charge and need help, please 🔗schedule a legal consultation to entrust your case to us.
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.
