CONTENTS
- 1. The Client Who Sought the Incheon Fraud Attorney
- - Client Booked on a Charge of Fraud
- 2. Statutes Relevant to the Case, Explained by the Incheon Fraud Attorney
- - What Are the Elements of the Crime of Fraud?
- - What Is the Sentence for the Crime of Fraud?
- 3. The Incheon Fraud Attorney's Case Strategy
- - Argument That Approximately 45 Million Won Had Been Repaid
- - Argument That a Settlement Was Reached with the Victim
- 4. Result of the Incheon Fraud Attorney's Assistance: “Suspended Sentence”
- - If You Are Implicated in the Crime of Fraud
1. The Client Who Sought the Incheon Fraud Attorney
The client who came to the Incheon crime of fraud attorney had received a sentence of imprisonment at the first instance on charges of fraud, but through the assistance of an attorney at the Incheon branch office who has handled numerous crime of fraud cases, succeeded in obtaining a reduction of sentence on appeal.
Client Booked on a Charge of Fraud
The client's story is as follows.
The client promised an acquaintance that, because his house was at risk of being seized due to personal circumstances, if the acquaintance lent him just 100 million won, he would repay the money within a short period.
However, the client intended to use the money borrowed from the acquaintance to repay private loans, and he had neither the intention nor the ability to repay the loan.
The client deceived the victim and received 100 million won by way of a loan, thereby defrauding the victim, and eventually the client was 🔗booked on a charge of fraud.
The client received a sentence of imprisonment in the first instance for this case and wished to obtain a reduced sentence of a suspended sentence on appeal.
He entrusted the case to a specialized attorney and sought out an Incheon fraud attorney to lower the sentence as much as possible.
2. Statutes Relevant to the Case, Explained by the Incheon Fraud Attorney
After receiving a sentence of imprisonment at the first instance, the client sought to obtain a reduction of sentence by filing an appeal.
Let us examine the elements and the statutory sentencing for the crime of fraud in detail.
What Are the Elements of the Crime of Fraud?
If the following elements are satisfied, a charge of fraud may be recognized and you may be subject to punishment.
1. It must be an act of deceiving a person |
2. It must be an intentional act |
3. It must be an act of receiving the delivery of property or obtaining a financial benefit |
▶ The essence of the crime of fraud lies in obtaining a financial benefit through deception, and it does not require that actual financial loss occur to the other party. (Supreme Court 85Do490)
What Is the Sentence for the Crime of Fraud?
If the crime of fraud is recognized, punishment may be imposed under the following provisions.
① A person who deceives another and thereby receives the delivery of property or obtains a pecuniary advantage shall be punished by imprisonment for up to 10 years or a fine of up to 20 million won.
② The preceding paragraph shall also apply where, by the method of the preceding paragraph, a third party is caused to receive the delivery of property or to obtain a pecuniary advantage.
In this case, where the offense is committed against unspecified or numerous victims, or is committed repeatedly over a considerable period, aggravated punishment may be imposed.
3. The Incheon Fraud Attorney's Case Strategy
The Incheon fraud attorney closely reviewed the judgment of the court of first instance and developed a detailed strategy.
The attorney made the following arguments in seeking a reduction of the sentence on appeal.
Argument That Approximately 45 Million Won Had Been Repaid
The client is deeply reflecting on having betrayed the victim's trust and caused the victim significant harm.
The client began repaying a set amount to the victim each month and is continuing to work and make efforts to remedy the victim's loss.
It was emphasized that he accurately recognizes his crime and is reflecting on it, and that he is not neglecting his efforts to remedy the harm.
Argument That a Settlement Was Reached with the Victim
Through the assistance of the Incheon attorney, the client was able to find common ground with the victim, and the two were able to reach an amicable settlement.
Having accepted the client's sincere apology, the victim expressed that he did not wish for the client to be punished.
It was also emphasized that the client's acquaintances and family were earnestly appealing for leniency toward the client.
4. Result of the Incheon Fraud Attorney's Assistance: “Suspended Sentence”
The court, which had imposed a sentence of imprisonment at the first instance, imposed a suspended sentence on appeal.
The client, who obtained a reduction of sentence on appeal, expressed deep gratitude to the Incheon fraud attorney.
If You Are Implicated in the Crime of Fraud
If you become involved in a charge of fraud, it is important to promptly seek advice from an experienced attorney from the early stages of the case.
Daeryun has formed a team of 🔗criminal attorneys with a deep understanding of fraud cases, providing strategic and in-depth legal solutions.
For systematic case progress, we continuously monitor the case and, even after the case is concluded, provide tailored follow-up management services to protect the rights and interests of our clients.
If you are facing difficulties after becoming involved in a charge of fraud, please entrust your case to us by scheduling a 🔗criminal attorney legal consultation.
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.
