CONTENTS
- 1. The Client Who Sought an Incheon Fraud Attorney
- - The Client Charged With Fraud
- 2. The Crime of Fraud Explained by an Incheon Fraud Attorney
- - The Elements of the Crime of Fraud Explained by a Fraud Attorney
- - The Sentencing Range for the Crime of Fraud Explained by a Fraud Attorney
- 3. The Incheon Fraud Attorney's Strategy for Resolving the Case
- - Assistance by the Fraud Attorney ① Arguing That a Settlement Had Been Reached With the Victim
- - Assistance by the Fraud Attorney ② Arguing That the Client Showed Sincere Remorse
- - Assistance by the Fraud Attorney ③ Arguing the Absence of Prior Offenses of the Same Kind
- 4. The Result of the Incheon Fraud Attorney's Assistance, a Fine
- - If You Have Become Involved in a Fraud Charge
1. The Client Who Sought an Incheon Fraud Attorney
The client who sought an Incheon fraud attorney had been booked on a charge of fraud and visited the Incheon branch office to request help, seeking counsel from an attorney and a concrete solution.
The Client Charged With Fraud
The account of the client for help is as follows.
The client asked an acquaintance of long standing for financial support, saying that funds for a business were insufficient.
The acquaintance was not in a financially comfortable situation either, but trusted the client and lent the money.
In this way, the client received a total of 40 million won from the acquaintance over 18 occasions.
Although the client had said the money would be repaid soon, in fact the client had no intention or ability to repay the funds at the time of borrowing.
Having lost 40 million won, the acquaintance filed a 🔗fraud complaint against the client, and the client thus faced the risk of severe punishment.
To handle the case together with an attorney and reduce the sentence as much as possible, the client requested help from an Incheon fraud attorney.
2. The Crime of Fraud Explained by an Incheon Fraud Attorney
The client became involved in a fraud charge and requested help from an Incheon fraud attorney.
The crime of fraud refers to an offense committed when a person deceives another to obtain property or acquire a pecuniary benefit.
We will look in detail at the elements of the crime of fraud, the sentencing range, and the related precedents.
The Elements of the Crime of Fraud Explained by a Fraud Attorney
If the following elements are satisfied, the crime of fraud is committed and a person may be subject to severe punishment.
▶ An act of deceiving a person |
▶ An act carried out with intent |
▶ An act of receiving the delivery of property or acquiring a pecuniary benefit |
According to the above elements, the crime of fraud is committed when a person receives the delivery of property or acquires a pecuniary benefit.
According to Supreme Court Decision 85Do490, it should be noted that actual financial loss to the other party is not required as an element.
The Sentencing Range for the Crime of Fraud Explained by a Fraud Attorney
If a person deceives another to acquire a pecuniary benefit, the person may be punished under the following provision.
(1) A person who deceives another to receive the delivery of property or to acquire a pecuniary benefit shall be punished by imprisonment for up to 10 years or a fine of up to 20 million won.
In this regard, a person who causes a third party to receive the delivery of property or to acquire a pecuniary benefit may also be punished in the same manner as under the above provision.
Because the sentencing range for the crime of fraud is by no means light, if you become involved in this charge, it is recommended to seek counsel from an attorney promptly.
3. The Incheon Fraud Attorney's Strategy for Resolving the Case
The Incheon fraud attorney closely analyzed the facts of the case and established a systematic response strategy.
The attorney earnestly appealed for leniency for the client, putting forward the following points.
Assistance by the Fraud Attorney ① Arguing That a Settlement Had Been Reached With the Victim
The client conveyed a sincere apology to the victim along with a substantial settlement payment.
The victim forgave the client, and an amicable settlement was reached.
The attorney emphasized that the victim had promised not to raise any civil or criminal objection and had submitted a statement of no desire for punishment.
Assistance by the Fraud Attorney ② Arguing That the Client Showed Sincere Remorse
The client feels ashamed of having deceived the victim and obtained a large sum of money, and shows deep remorse.
The client accurately recognizes the offense and feels guilt over having caused substantial harm to the victim.
The attorney emphasized that the client had written a letter of apology along with a pledge never to commit the same wrongdoing again.
Assistance by the Fraud Attorney ③ Arguing the Absence of Prior Offenses of the Same Kind
The client had lived as a diligent member of society with no prior offenses of the same kind whatsoever.
The attorney emphasized that the client was a first-time offender who was making personal efforts to reform, so the risk of reoffending was low.
4. The Result of the Incheon Fraud Attorney's Assistance, a Fine
Accepting the Incheon fraud attorney's arguments, the court imposed a relatively light fine on the client.
The client expressed deep gratitude to the Incheon attorney for the great help.
If You Have Become Involved in a Fraud Charge
If you have become involved in a fraud charge, it is recommended to seek counsel from an attorney early in the case and to establish a response promptly.
Daeryun Law Firm promptly collects 🔗evidence for civil and criminal litigation, organizes it systematically, and moves the case forward swiftly.
If you have become involved in a fraud charge and need the help of an attorney, we invite you to entrust your case through an Incheon fraud attorney 🔗legal consultation booking.
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.
