CONTENTS
- 1. The Client Who Sought the Jeonju Fraud Attorney
- - The Crime of Fraud, Explained by the Jeonju Attorney
- 2. Jeonju Fraud Attorney: Assistance Aimed at Obtaining an Acquittal
- - Jeonju Attorney: Explaining How the Incident Occurred
- - Jeonju Attorney: Asserting Mitigating Factors Regarding the Client's Participation
- - Jeonju Attorney: Asserting That No Gain Was Obtained
- 3. Result of the Jeonju Fraud Attorney's Assistance: An Acquittal
1. The Client Who Sought the Jeonju Fraud Attorney
This is the account of a client who came to a Jeonju fraud attorney.
The client was a licensed real estate agent and, although he had not personally handled the sales agency work, was indicted on a charge of fraud for allegedly preparing false documents as though he had personally conducted the sales and thereby obtaining money under the pretext of a sales agency commission.
The client stated that there were aspects he found unfair and requested help regarding the fraud charge.
The Jeonju branch office of Daeryun LLC formed a team of attorneys experienced in numerous fraud cases and promptly began the defense.
The Crime of Fraud, Explained by the Jeonju Attorney
🔗The crime of fraud is an offense of deceiving another person to obtain a financial benefit, or to have a third party obtain a benefit, and thereby causing loss to the other party.
In other words, it means taking another person's money or property through lies or deception.
If the crime of fraud is established, a person may face imprisonment for up to 10 years or a fine of up to 20 million won under the Criminal Act.
If the gain from the fraud is 500 million won or more, the person is subject to aggravated punishment under the 'Act on Aggravated Punishment of Specific Economic Crimes.'
An important element of the crime of fraud is 'deceptive conduct.'
For the crime to be established, there must be conduct that deceives the other party, the other party must be led into a mistake by this deceptive conduct, financial harm must occur, and there must be intent or purpose.
Mitigating Factors for the Crime of Fraud |
| -Where the deceptive conduct was committed with willful negligence (dolus eventualis) -Passive participation in the offense due to factors such as actual pressure -Voluntary surrender or reporting of internal wrongdoing -Where most of the criminal proceeds were neither spent nor retained -Genuine remorse -No prior criminal punishment -Substantial recovery of the harm (including deposit in court) |
2. Jeonju Fraud Attorney: Assistance Aimed at Obtaining an Acquittal
The Jeonju fraud attorney began providing assistance to defend the client against punishment.
The Jeonju attorney established a defense strategy to prove the unfair aspects affecting the client and to obtain an acquittal.
Jeonju Attorney: Explaining How the Incident Occurred
The Jeonju attorney explained the circumstances of the case, arguing that, although the client became involved in the matter unintentionally, the client deeply regrets his own fault and mistake.
While working as a licensed real estate agent in the Jeonju area, the client met A, who is being tried together in the same case.
A was carrying out land acquisition work as part of a 🔗regional housing association business, and was looking for a licensed real estate agent to broker the related transactions.
A said that, in recruiting members for the regional housing association, there were many brokerage assistants who were not affiliated with a brokerage office and therefore did not hold a business registration, and asked the client to allow brokerage commissions to be paid using the client's business registration.
The client knew that regional housing associations use many brokerage assistants to recruit members, and so, considering that it would not be a significant problem, agreed to this.
Afterward, however, the client felt uneasy about lending the name, expressed an intention not to be involved any further, and sent all of the commissions deposited to him to A.
Jeonju Attorney: Asserting Mitigating Factors Regarding the Client's Participation
As a licensed real estate agent carrying out a regional housing association project, the client was well aware that many brokerage assistants were mobilized when recruiting association members.
The client was also well aware that, among the brokerage assistants mobilized for recruiting members, those without any affiliation had difficulty receiving brokerage commissions.
The Jeonju attorney explained that, in this situation, the client had merely agreed to claim the commissions as if the client had performed the brokerage work, for the purpose of helping the unaffiliated brokerage assistants receive fair compensation.
Jeonju Attorney: Asserting That No Gain Was Obtained
The client obtained no gain whatsoever from involvement in this crime of fraud.
The Jeonju attorney requested leniency, emphasizing that the client had no intention at all of obtaining profit and became involved merely by way of cooperation.
3. Result of the Jeonju Fraud Attorney's Assistance: An Acquittal
As a result of the assistance of the Jeonju fraud attorney, the court pronounced a judgment of acquittal for the client.
The court found that there was no indication that the client had directly deceived union members or third parties to obtain a financial benefit, and that the client had merely provided his name at A's request.
The court also determined that, because the client did not obtain any financial benefit, the crime of fraud was not established.
In this case, by proving that there was no intent, the attorney obtained a judgment of acquittal.
Because merely lending one's name, or the mere fact of having received a fee, can give rise to suspicion of conspiracy, you should prove your innocence in such a wrongful situation with the assistance of an experienced attorney.
At Daeryun LLC, experienced attorneys who have handled numerous fraud cases provide ▲accurate initial assessment ▲tailored case assignment ▲prompt response, and ▲systematic case management.
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.
