Attorney Fraud Assistance Case | Representation of a Fraud Victim in Filing a Complaint, with Imprisonment for the Perpetrator

The story of the client who came to a fraud attorney to request assistance is as follows.

The client received a request for financial help from an acquaintance the client had known for a long time, on the ground that the acquaintance was facing a divorce crisis due to gambling.

The acquaintance clearly set a date for repaying the money and also had a stable job, so the client lent the money without much concern.

However, as the promised date approached, contact from the acquaintance gradually ceased, and in the end the acquaintance completely vanished.

In fact, the acquaintance had no intention of repaying the money from the outset and intended to use the borrowed money for gambling again.

The client, upon learning this, visited Daeryun to entrust the case to a fraud attorney who has handled numerous 🔗crime of fraud cases and to resolve the matter promptly.

If a person deceives another to receive property or to obtain a pecuniary benefit, the crime of fraud may be established and criminal punishment may be imposed.

Here, deception includes not only the active act of stating false facts, but also the passive act of failing to disclose true facts or deceiving in another manner.

Relevant precedent (Supreme Court 1983 Do 2995)

Deception is subject to no limitation as to its means or methods, and broadly refers to an act that, contrary to the principle of good faith to be observed in transactional relations, causes a person to fall into error

If the charge at issue is recognized, one may be punished under the following provision.

Article 347 of the Criminal Act (Fraud)

① A person who deceives another to receive property or to obtain a pecuniary benefit shall be subject to imprisonment for up to 10 years or a fine not exceeding 20 million won.

② The same penalty as in the preceding paragraph shall apply where a person causes a third party to receive property or to obtain a pecuniary benefit.

In light of the fact that the accused already owed numerous debts to other acquaintances, the accused had no ability to repay the debt.

The fact that the accused continued to borrow money even while being pressed by the client to repay the loan indicates that the accused sought to gain an economic benefit through deceptive taking.

The attorney emphasized that this constituted causing loss while having no intention or ability to repay at the time of borrowing the money, and that it amounts to the crime of fraud.

The accused committed continuing offenses against numerous victims over a long period.

The accused spent most of the defrauded money on gambling and used part of it to repay other debts.

The attorney emphasized that this constituted a planned and habitual fraudulent act, and that the accused's criminal disposition and the gravity of the offense were very serious.

When involved in a criminal case, disputes may arise over the elements of the crime, so it is crucial to analyze them accurately and respond systematically.

At Daeryun, a 🔗criminal attorney with extensive experience responding to prosecutors, police, and investigators carries out representation in filing a complaint for the crime of fraud as well as legal advisory, and responds actively to protect rights and interests.

Using precise data analysis equipment and programs, we lawfully collect relevant evidence and seek a prompt and efficient resolution of the case.

If, as in the case above, you wish to proceed with representation in filing a complaint for the crime of fraud, please entrust your case through a 🔗legal consultation reservation.