Bundang Attorney Assistance Case | Non-Prosecution for a Client Charged With Fraud

The client of the Bundang attorney was the owner of a business he operated.

However, due to the economic downturn, operating the business became difficult.

To cover company payments that were urgently needed, he borrowed money from an acquaintance.

He told the acquaintance that he would repay it soon, but the situation did not improve, and he was ultimately unable to return the money by the promised date.

The acquaintance filed a criminal complaint against the client for 🔗the crime of fraud, and the client faced the risk of criminal punishment.

The client then requested assistance from the Bundang attorney to defend against criminal punishment.

Under the Criminal Act, fraud is defined as deceiving a person and thereby receiving the delivery of property or obtaining a pecuniary benefit.

Accordingly, for the crime of fraud to be established, there must be 1. an act of deception, and 2. the acquisition of a pecuniary benefit.

Put simply, this can be explained as follows.

The penalties for the crime of fraud are as follows.

The victim claimed that the client deceived him by stating that a large sum of money would soon come in, and that he would repay the principal and interest all at once as soon as the payment arrived.

However, the client contended that the payment matter was true, and that the business had simply been delayed and had not yet been carried out.

Accordingly, we emphasized that the client had no intent to deceive the victim through lies, and that this did not constitute an act of deception.

The client sincerely apologized for failing to repay the money to the victim within the promised period.

In addition, the parties agreed that the remaining debt would be repaid in fixed monthly installments over a set repayment period.

Accordingly, it was emphasized that the victim has now withdrawn the complaint, and that the client reached an amicable settlement with the victim.

The client cooperated faithfully with the police investigation conducted after the incident, and during that investigation pledged to make full repayment to the victim.

The client also submitted a repayment plan setting out the repayment amount and the repayment period at the time of settlement with the victim.

Given that the client held a remorseful attitude toward their conduct and was making efforts to repay, the attorney emphasized that the risk of reoffending was low.

This was the case of a client who became implicated in a charge of the crime of fraud after failing to repay borrowed money, but was able to receive a decision of non-prosecution through the assistance of a Bundang attorney.

As shown here, the crime of fraud can extend beyond criminal punishment into a civil case, making it a matter that may require an amicable settlement with the victim.

At Daeryun Law Firm, we identify in advance the risk that a case may develop into related proceedings, and we work together with attorneys who have handled numerous civil and criminal cases to promptly assist clients in connected matters as well.

If you have become implicated in the crime of fraud as in this client's case, please request assistance from a Bundang attorney through a 🔗legal consultation appointment.