CONTENTS
- 1. The Client Seeking to File a Tort Damages Claim
- - Explanation of the Concept of Voice Phishing
- - Sentencing Levels for Voice Phishing
- 2. What Tort Damages Mean
- - How to File a Claim for Damages
- 3. The Specialized Attorney Who Set Out to File the Tort Damages Claim
- - Proving the Perpetrator's Unlawful Conduct
- - Emphasizing Article 750 of the Civil Act
- 4. Tort Damages Claim Outcome
1. The Client Seeking to File a Tort Damages Claim
This is the story of a client who came to this firm requesting assistance in bringing a tort damages lawsuit.
The client reportedly received a voice phishing call from someone impersonating the Financial Supervisory Service and delivered approximately 70 million won in cash to a person impersonating a Financial Supervisory Service employee.
The perpetrator was subsequently subjected to criminal punishment for fraud, but the compensation order requested by the client was rejected.
Accordingly, the client requested assistance in recovering the money through a tort damages lawsuit.
Explanation of the Concept of Voice Phishing
The client stated that the client had suffered damage from voice phishing fraud.
Voice phishing means luring out personal information by using voice and other means, and it is a type of fraud crime that uses electronic and telecommunications means to deceive a victim and cause property damage.
Sentencing Levels for Voice Phishing
Voice phishing is also subject to the crime of fraud in that it obtains a pecuniary benefit by deceiving another person.
Under the Criminal Act, the crime of fraud is punishable by imprisonment for not more than 10 years or a fine not exceeding 20 million won.
However, where the amount of the benefit is 5 hundred million won or more, the punishment is aggravated to a higher level under the Act on Aggravated Punishment of Specific Economic Crimes.
▶Where the amount of the benefit is 5 hundred million won or more but less than 5 billion won : imprisonment for a definite term of 3 years or more
▶Where the amount of the benefit is 5 billion won or more : life imprisonment or imprisonment for 5 years or more
2. What Tort Damages Mean
The client in this case wished to claim damages for a tort.
This is based on Article 750 of the Civil Act, under which a person who, by an intentional or negligent tort, causes loss to another bears the responsibility to compensate for that loss.
How to File a Claim for Damages
To claim damages, the victim's loss must have arisen from a harmful act committed intentionally or negligently.
What is most important is that a causal relationship between the harmful act and the occurrence of the loss must be recognized.
For this reason, in a tort damages claim, evidence capable of proving the causal relationship between the harmful act and the occurrence of the loss must be collected in order to obtain a judgment granting the full amount claimed.
The 🔗damages lawsuit procedure is as follows.
3. The Specialized Attorney Who Set Out to File the Tort Damages Claim
This firm's specialist attorney decided to claim damages in tort on behalf of the client.
The specialist attorney focused on proving that the client had suffered financial harm due to the act of deception by a person impersonating an employee of the Financial Supervisory Service.
Proving the Perpetrator's Unlawful Conduct
The offender in this case received a proposal from a voice phishing organization member he came to know through an internet site and conspired to take on the role of a cash collector.
He then impersonated an employee of the Financial Supervisory Service and deceived the client into handing over cash.
Accordingly, he was sentenced to imprisonment for fraud and the sentence became final, but the court rejected the compensation order, finding it difficult to hold that the offender alone bore liability for compensation.
Emphasizing Article 750 of the Civil Act
Under Article 750 of the Civil Act, a person who causes harm to another by an unlawful act committed intentionally or negligently is liable to compensate for that harm.
The firm asserted that, because the offender in this case caused harm to the client by a tort, the offender is liable to compensate for the harm and therefore must pay 70 million won.
4. Tort Damages Claim Outcome
As a result of the specialist attorney handling the principal procedures, including filing the complaint and gathering evidence, on the client’s behalf, the court rendered a judgment granting the full amount of the client’s claim.
With the assistance of the specialist attorney, the client was able to recover the full 70 million won lost as a result of the voice phishing fraud.
Where a person suffers financial loss as a result of a criminal case, a claim for a compensation order may allow the loss to be compensated within the criminal proceedings without a civil lawsuit.
However, as in this client’s case, where a compensation order is rejected or dismissed, tort damages can only be obtained through a civil lawsuit.
In that situation, the burden of proof lies with the plaintiff, so without preparing proper evidentiary materials, it is difficult to obtain damages.
This firm provides assistance through its Evidence Investigation Center and civil litigation specialist attorneys, who develop tailored strategies for tort damages claims.
Where necessary, this firm can also provide one-stop legal services for all derivative cases, such as representation in filing a criminal complaint for fraud, so if you need assistance, please proceed with a 🔗legal consultation booking.
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.
