CONTENTS
- 1. The Details of the Case as Identified by the Fraud Attorney
- 2. The Crime of Fraud Explained by a Fraud Attorney
- - Elements of the Crime of Fraud
- - Sentencing Levels for the Crime of Fraud
- - Sentencing Factors for the Crime of Fraud
- 3. The Issues of This Case as Identified by the Fraud Attorney
- - Explanation of the Initial Intent and the Transaction Process
- - The Issue of the Actual Operator
- - Efforts to Recover the Damage
- 4. Fraud Attorney Assistance Outcome, a Suspended Sentence Judgment
1. The Details of the Case as Identified by the Fraud Attorney
The client who sought out the attorney specializing in fraud asked for assistance in defending against punishment for the crime of fraud.
This case is one in which the client agreed with mobile phone wholesale and retail businesses to be supplied with mobile phone handsets, to sell them, and then to settle the payment, and thereafter failed to pay approximately 80 million won in payments over about 3 months.
The client states that at first he conducted transactions normally, but due to poor sales and internet gambling his financial situation deteriorated, and he was unable to pay the settlement amounts to the affected businesses.
However, the fact that he continued to be supplied with mobile phones and to sell them nonetheless became the problem.
The client requested assistance with the case, stating that he deeply regrets the offense.
2. The Crime of Fraud Explained by a Fraud Attorney
🔗The crime of fraud is established where a person deceives another and thereby acquires a pecuniary benefit or causes a third party to obtain a benefit.
In this case, the core issue was the part where the victimized companies were deceived into continuing to supply mobile phones while the settlement amount was not paid.
Elements of the Crime of Fraud
Element of the Offense | Meaning | Application to This Case |
① Act of deception | An act of deceiving the other party | Having no intention or ability to pay the settlement amount, |
② Mistake | The victim being deceived and forming a belief | The injured companies believed |
③ Act of disposing of property | An act transferring a financial benefit to the other party | Supplying the devices |
④ Financial loss | The result of suffering financial loss | Supplying the devices and the payment remaining unpaid |
Sentencing Levels for the Crime of Fraud
Under Article 347(1) of the Criminal Act, the crime of fraud may be punished by imprisonment for up to 10 years or a fine of up to 20 million won.
In particular, where the amount defrauded is large or the number of victims is high, the likelihood of an actual custodial sentence is also high.
Sentencing Factors for the Crime of Fraud
The sentencing factors for the crime of fraud are as follows.
▶Number of victims
Where there are multiple victims, it is an aggravating factor
▶Method of the offense
A meticulous and planned offense is an aggravating factor
A one-off offense is a mitigating factor
▶ Whether the loss has been recovered
Where the full amount of the loss is repaid or a settlement is reached, it is a mitigating factor
▶Whether the defendant has a prior record
Where there is a prior record of the same type of offense, it is an aggravating factor
Where the person is a first-time offender or has only a prior record of a fine, it is a mitigating factor
3. The Issues of This Case as Identified by the Fraud Attorney
The main issues in this case were whether there had been no intention to pay from the outset, who had actually operated the store, and whether the harm had been remedied and a settlement reached with the victim.
The fraud specialist attorney actively demonstrated that, in reality, someone other than the client had operated the store and that the client had merely lent his business registration name, and that the client had not planned the offense from the outset.
The fraud specialist attorney argued as follows and submitted materials favorable to sentencing, such as a letter of apology and a petition.
Explanation of the Initial Intent and the Transaction Process
The fraud specialist attorney emphasized that the client had paid the settlement amounts normally in the early stages of the transaction and argued that there had been no intent to deceive from the outset.
The attorney then explained the circumstances in which the client had been unavoidably unable to make payments due to a cash shortage caused by sluggish sales and gambling, intensively demonstrating that there had been no intent to defraud from the outset.
The Issue of the Actual Operator
The fraud specialist attorney argued that a person other than the client had actually operated the store, and that the client had only lent the business registration name.
While acknowledging the client's liability for lending the name, the attorney emphasized that the client was not the principal who carried out the deception, employing a strategy to reduce the degree of intent to defraud and the scope of liability.
Efforts to Recover the Damage
The fraud attorney actively attempted settlement with the victim and made substantial restitution.
In addition, the attorney submitted the client's handwritten letter of reflection and requested leniency, emphasizing the absence of any prior record of the same type of offense and that an actual sentence would have a significant impact on the client's family and the company's employees.
4. Fraud Attorney Assistance Outcome, a Suspended Sentence Judgment
Through the detailed assistance of a fraud attorney, leniency from the court was obtained, and the client avoided an actual custodial sentence and received a suspended sentence judgment.
In fraud cases, the level of punishment varies considerably depending on the amount of damage, whether a settlement has been reached, and the defendant's prior record and degree of remorse, so active assistance and a legal response from a fraud attorney are crucial.
In particular, a strategy of conducting a detailed analysis of the circumstances of the offense, demonstrating whether the defendant was the actual operator, and appropriately proceeding with settlement and deposit procedures with the victim so that these are reflected as sentencing factors is very important.
Because of the assistance of the fraud attorney, the client was able to overcome the risk of an actual custodial sentence and gain an opportunity to return to society.
In fraud cases, the initial response is important enough to determine the outcome of the judgment.
If you are concerned about a fraud case, you should consult with a fraud attorney to carefully develop the issues of the case and a response strategy.
If you face the risk of punishment for fraud and need legal assistance, please proceed with a 🔗legal consultation reservation to seek the assistance of a fraud attorney.
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.
