CONTENTS
- 1. Seongnam Fraud Attorney | Background of the Case
- - The Client's Position
- - The Victim's Position
- 2. Seongnam Fraud Attorney | Review of the Case
- - Issues
- 3. Seongnam Fraud Attorney | Content of the Pleadings
- - An Impulsive Act, but Without Intent
- - The Degree of the Deceptive Act Was Slight
- - An Amicable Settlement With the Victim
- 4. Seongnam Fraud Attorney | Client Booked on Fraud Charges Receives a Suspended Sentence
1. Seongnam Fraud Attorney | Background of the Case
The Seongnam fraud attorney's client had started a coin investment business but was struggling due to the economic downturn.
An acquaintance paid a total of 60 million won in investment funds on the pretext of helping the client's business, but the client did not use the funds for actual investment and was booked on fraud charges.
The Client's Position
The client argued that he had no intent to defraud.
② However, he did not deceive the victim by claiming that he would grow the money and re-send it within five hours of receiving the remittance.
③ When the victim demanded a return, he refused, saying that a certain sum was needed for investment, but this was true.
④ He argued that he did not have a definite intent to defraud.
⑤ It is true that he ignored the victim's contacts several times, but he later had conversations with the victim toward a settlement.
In this way, the client admitted that he had deceived the victim and received the investment funds while unable to repay them, but he argued that he had not otherwise deceived the victim.
The Victim's Position
However, the victim's position was different.
② The client explained that if the victim remitted 60 million won, he would grow the money immediately.
③ The victim was actively urged to invest and paid voluntarily, but the client did not keep his promise.
④ The victim stated that he raised complaints and strongly demanded a return, but the client refused, saying that a certain sum was needed for investment.
⑤ The client ignored and avoided the victim's contacts.
In this way, the victim believed that the client had deliberately deceived him, and he stated that he filed a complaint because the client ignored and avoided his contacts even after the deceptive act.
2. Seongnam Fraud Attorney | Review of the Case
The Seongnam fraud attorney identified the issues in the client's case and analyzed the alleged facts.
Because the positions of the client and the victim differed, it was necessary to discover the substantive truth through a thorough review.
Issues
1. Was there an intent to defraud?
It was necessary to determine whether the client intended to defraud the victim of the money or whether the situation simply arose from the difficulties of the business.
The client was unable to return the money because of the difficulties of the business, but he intended to repay it once the business went well.
2. The difference between the victim's argument and the client's argument
The victim argued that the client had deliberately deceived him, while the client argued that there was no intentional fraud, so their positions were in conflict.
To narrow the gap between the two parties' positions, it was necessary to check the conversation records and the remittance and transfer records.
3. Whether there was a deceptive act in the client's response after the remittance
It was necessary to review whether the client acted deceptively toward the victim after the remittance and whether that response was intended to deceive the victim.
In particular, it was important to establish that the client's response was not intended to deceive the victim.
4. The client's ignoring of the victim's contacts and the client's intent
It was necessary to determine whether the client's ignoring of the victim's contacts was a deliberate evasion or an impulsive act prompted by the circumstances.
It had to be proven that the client had merely avoided contact for a short time due to the stress arising from the difference in positions with the victim, and that he afterward had conversations toward a settlement.
3. Seongnam Fraud Attorney | Content of the Pleadings
To establish that the client had no intent to defraud, the Seongnam fraud attorney pleaded as follows.
In particular, the attorney actively assisted so that the client and the victim could reach an amicable settlement.
An Impulsive Act, but Without Intent
The Seongnam attorney emphasized that the client had no intention whatsoever of committing fraud.
The attorney argued that the client received the acquaintance's money in a situation of business difficulty, acknowledged that he had failed to use the amount appropriately, and otherwise committed no deceptive act.
The Degree of the Deceptive Act Was Slight
The attorney argued that the degree of the deceptive act was minor and that the client had made efforts to dispel the misunderstanding that arose in his communication with the victim.
Although the client did say that he would grow the money, the attorney explained that this was said with a view to when the investment company would later be listed, and that the client had no purpose of unlawfully deceiving the victim.
An Amicable Settlement With the Victim
The client apologized for having cut off contact with the victim and attempted a settlement through amicable conversation.
The attorney also sought leniency by noting that the victim had received a partial return and that the client had ultimately accepted the victim's demands.
4. Seongnam Fraud Attorney | Client Booked on Fraud Charges Receives a Suspended Sentence
Accepting the Seongnam fraud attorney's pleadings, the court found that there was insufficient evidence to conclude that the client had committed intentional fraud, and it issued a suspended sentence, taking into account the client's financial difficulties and his efforts to settle with the victim.
While the client was found partly responsible for the act of fraud, the sentencing took into account that his intent was not clearly directed at fraud.
If, like the client in this case, you wish to obtain the assistance of a Daeryun Law Firm Seongnam attorney and proceed amicably with a 🔗criminal complaint settlement, please talk with a 🔗Seongnam attorney through a 🔗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.
