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Deals & Cases

Fraud by Use of a Computer

Economic Crime Attorney Assistance Case | Client Charged With Fraud by Use of a Computer, Non-Referral

The client, who sought an economic crime attorney, was booked by an investigative agency on suspicion of having committed an economic crime, and came to a criminal defense attorney to request a consultation in order to obtain an attorney's assistance.

CONTENTS
  • 1. The Client Who Sought an Economic Crime Attorney
    • - The Client Involved in a Charge of Fraud by Use of a Computer
  • 2. The Laws Relevant to the Case, Explained by an Economic Crime Attorney
    • - Sentencing for the Crime of Fraud by Use of a Computer
  • 3. The Economic Crime Attorney's Strategy for Resolving the Case
    • - Attorney Assistance ① Arguing a Lack of Suspicion Based on the Evidence
    • - Attorney Assistance ② Arguing That the Transferred Money Was Immediately Re-transferred
  • 4. The Result of the Economic Crime Attorney's Assistance, Non-Referral
    • - If You Are Involved in a Charge of Fraud by Use of a Computer

1. The Client Who Sought an Economic Crime Attorney

Daeryun economic crime attorney non-referral defense case

The client, who sought an economic crime attorney, was unfairly booked for an economic crime, and came to a criminal defense attorney to explain the detailed circumstances of the case in order to clear the charge and return to a peaceful daily life.

The Client Involved in a Charge of Fraud by Use of a Computer

One day, the client received a request from a coworker, A, who said, “I am making a transfer for company business purposes, so please help me.”

The task was simply to transfer money deposited into the client's account to A's account.

At A's request, the client immediately transferred all of the deposited funds, and the money sent to A's account in this way amounted to about 22 million won.

Then one day, the client was greatly shocked to learn of being involved in a charge of 🔗fraud by use of a computer.

In fact, A had unlawfully accessed the victim's internet banking and used the client to obtain the money by deception.

Unfairly involved in this charge, the client sought an economic crime attorney in order to request an attorney's assistance.

2. The Laws Relevant to the Case, Explained by an Economic Crime Attorney

The client, involved in the crime of fraud by use of a computer, requested assistance from an economic crime attorney in order to establish a lack of suspicion.

Let us look in detail at the crime of fraud by use of a computer.

Sentencing for the Crime of Fraud by Use of a Computer

The crime of fraud by use of a computer refers to the criminal act of obtaining a pecuniary benefit by inputting information without authority into a computer or other data processing device and having data processed.

If this charge is established, a person may be punished under the following provision.

Article 347-2 of the Criminal Act (Fraud by Use of a Computer)

A person who obtains a pecuniary benefit, or has a third party obtain such benefit, by inputting false information or improper commands into a computer or other data processing device, or by inputting or altering information without authority and having data processed, shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 20 million won.

Relevant Precedent (Supreme Court Decision 2005Do3516)

Receiving a cash card from its owner, the account holder, together with a request to withdraw a certain amount of cash, and then withdrawing cash in excess of the entrusted amount ▶ the crime of fraud by use of a computer is committed

As shown, the sentence for the crime of fraud by use of a computer is by no means light, and a clear legal assessment is needed, so if you are involved in this charge, promptly requesting help from an attorney can be helpful.

3. The Economic Crime Attorney's Strategy for Resolving the Case

The economic crime attorney established a systematic strategy based on the evidence.

In order to obtain a non-referral decision from the police, the attorney made the following arguments.

Attorney Assistance ① Arguing a Lack of Suspicion Based on the Evidence

In light of the evidence of the message conversation between the client and A, the client received A's request and transferred the money in accordance with that request.

In the contents of the conversation, the client simply made the transfer without asking what the money was for.

Accordingly, the attorney emphasized that the client merely followed A's request as given and had no criminal intent whatsoever.

Attorney Assistance ② Arguing That the Transferred Money Was Immediately Re-transferred

At A's request, the client immediately transferred the deposited money to A's account.

Such conduct can prove that the client had no criminal purpose whatsoever.

The attorney emphasized that the client, who had understood this to be a simple matter of handling business, was unfairly involved in this charge, and that this amounted to A's sole offense.

4. The Result of the Economic Crime Attorney's Assistance, Non-Referral

Accepting the attorney's arguments, the police ultimately reached a non-referral decision.

The client, who quickly concluded the case with the non-referral decision, expressed deep gratitude.

If You Are Involved in a Charge of Fraud by Use of a Computer

The above was a case in which a client involved in a charge of fraud by use of a computer received a non-referral decision through the assistance of an economic crime attorney.

The attorney makes every effort, from the early stage of the case, to systematically gather 🔗evidence in civil and criminal litigation and to establish a strategy tailored to the client.

If you need an attorney's help in a situation similar to the case above, we encourage you to entrust your case through an economic crime attorney 🔗legal consultation booking.

경제범죄변호사 조력 사례 | 컴퓨터등사용사기 의뢰인, 불송치

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.

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