CONTENTS
- 1. The Client Who Sought a Fraud Specialist Attorney
- - The Concepts of Violation of the Motor Vehicle Management Act and Fraud
- 2. Fraud Specialist Attorney Establishes a Defense Strategy to Protect the Client Against Punishment
- - Defense Against Fraud: Emphasizing the Confession and Attitude of Remorse
- - Defense Against Fraud: Highlighting Efforts to Make Restitution
- - Defense Against Fraud: Explaining the Motive and Circumstances of the Offense
- 3. Result of the Fraud Specialist Attorney's Assistance: Custodial Sentence Avoided
1. The Client Who Sought a Fraud Specialist Attorney
The account of the client who came to a fraud specialist attorney is as follows.
The client was a business operator who had generated income by running a small-scale used car dealership.
In the used car market, not only the model year and accident history of a vehicle but also its actual mileage is evaluated as a key factor determining the vehicle's value.
Well aware of this, the client learned of a method to manipulate the mileage gauge during the vehicle purchase process, and thereafter conspired with an acquaintance active in the same industry and began selling used cars by altering their mileage.
The client manipulated the dashboard mileage of used cars to be lower than the actual mileage on a total of about 150 occasions and then sold them, thereby acquiring unjust profits of about 700 million won.
The investigative agency took issue with the fact that the client repeatedly altered the mileage of numerous vehicles and sold them, and that he deceived the victims by giving notice of false facts, and indicted the client for violation of the Motor Vehicle Management Act and the crime of fraud.
The Concepts of Violation of the Motor Vehicle Management Act and Fraud
▶What is the Motor Vehicle Management Act?
The Motor Vehicle Management Act is a law enacted to set matters such as the registration and safety standards of motor vehicles in order to secure the performance and safety of motor vehicles.
A violation of the Motor Vehicle Management Act arises when one breaks the provisions related to the registration, operation, maintenance, and similar aspects of a motor vehicle, and there are various forms of violation and punishment.
Under the Motor Vehicle Management Act, no one may intentionally alter or manipulate the odometer of a motor vehicle.
This is because a large difference in safety arises in a motor vehicle depending on its operation history and maintenance condition.
False indication of mileage can cause serious harm to consumers, and it can also have an adverse effect on traffic safety, so it is strongly prohibited.
A violation may be punished by imprisonment for up to 3 years or a fine of up to 30 million won.
▶🔗crime of fraud?
The crime of fraud is established where a person deceives another and thereby acquires property or pecuniary benefit.
As in this case, if the seller falsely stated the mileage of the vehicle so that the buyer, believing the incorrect information, entered into the contract and paid the price, an act of deception may be recognized and the crime of fraud may be established.
If the crime of fraud is recognized, it may be punished by imprisonment for up to 10 years or a fine of up to 20 million won.
2. Fraud Specialist Attorney Establishes a Defense Strategy to Protect the Client Against Punishment
The fraud attorney set out to establish a defense strategy to protect the client from punishment.
Providing false information, such as manipulating mileage, is a typical type of the crime of fraud that induces consumers to misjudge the value of a vehicle and thereby causes them financial harm.
Keeping this point in mind, the attorney established a defense strategy aimed at maximizing the defense against punishment.
Defense Against Fraud: Emphasizing the Confession and Attitude of Remorse
The used car fraud attorney emphasized that the client admitted all of the facts of his involvement in altering the mileage and, from the early stage of the investigation, acknowledged the wrongdoing and expressed remorse.
The client deeply regrets and is profoundly remorseful about his wrongful conduct.
From the early stage of the investigation, the client consistently acknowledged the wrongdoing, stated all the facts truthfully, and cooperated with the investigation.
The fraud attorney submitted the client's letter of reflection and the like and requested leniency.
Defense Against Fraud: Highlighting Efforts to Make Restitution
The used car fraud attorney emphasized that the client had partially made up for the loss to the victims, and that the client was willing to dispose of assets and provide compensation in order to recover the remaining loss.
In addition, the client also expressed an intention to share joint responsibility with the accomplice and to refund a portion of the proceeds.
The fraud attorney requested leniency, emphasizing that the client was doing his best to recover the loss.
Defense Against Fraud: Explaining the Motive and Circumstances of the Offense
The fraud attorney argued that the client did not simply intend to commit fraud deliberately, but made a wrong choice in an effort to overcome excessive competition in the industry and a deterioration in business.
While it is clear that the conduct cannot be justified in law, the attorney requested that the economic distress and the practical difficulties of a small business operator be taken into account.
3. Result of the Fraud Specialist Attorney's Assistance: Custodial Sentence Avoided
As a result of the assistance of the fraud attorney, the client received a suspended sentence and was able to defend against an actual custodial sentence.
This case was a matter that could readily have led to an actual custodial sentence, in that the serious unlawful act of tampering with vehicle mileage was repeated dozens of times, and the resulting financial loss suffered by the victims was by no means small.
The used car market has a high degree of information asymmetry, and it is structured such that, from the buyer’s standpoint, there is no choice but to trust the seller’s explanation.
Where this is exploited to falsely tamper with or misrepresent the condition of a vehicle, very heavy criminal liability may be incurred.
If you are already under investigation or facing trial, it is important to receive the assistance of an experienced professional such as a fraud attorney to establish a defense strategy and to prepare thoroughly from the initial response through to recovery of the harm.
Because the crime of fraud carries a high likelihood of an actual custodial sentence depending on the scale of the harm, the number of victims, and whether it was repeated, the assistance of a specialized attorney is genuinely necessary.
At Daeryun LLC, a 🔗criminal law attorney who has handled numerous fraud cases prepares a defense strategy suited to the client’s circumstances and works toward defending against punishment.
If you have become involved in a fraud charge, please seek a consultation as soon as possible to explore legal response measures.
Daeryun LLC operates branch offices in regions throughout the country and maintains a 365-day, 24-hour emergency consultation system to provide a prompt defense strategy without gaps.
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.
