[A Case Assisted by a Pyeongtaek Fraud Attorney] A Client Who Committed Fraud Against Dozens of People Received a Suspended Sentence

This is the case of a client who requested a consultation on a fraud case from an attorney at the Pyeongtaek office.

The client in this case, who had been charged with fraud, was a college entrance exam re-taker who had just become an adult.

Using a goods trading website, the client deceived numerous victims into believing that goods would be sold to them.

Through this, the client received sums ranging from about 100,000 won at the low end to about 500,000 won at the high end.

Using various methods, such as borrowing accounts from friends, the client ended up committing more than 50 instances of internet fraud in total.

Facing criminal punishment for the crime of fraud, the client requested the assistance of an attorney at the Pyeongtaek office in order to reduce the level of punishment.

Crime of fraud (ordinary fraud, fraud by use of a computer, etc.)

- Criminal Act, Article 347 (Fraud)

(1) A person who, by deceiving another, takes delivery of property or obtains a pecuniary advantage shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 20 million won.

(2) The preceding paragraph shall also apply to a person who, by the method described in the preceding paragraph, has a third party take delivery of property or obtain a pecuniary advantage.

- Criminal Act, Article 347-2 (Fraud by Use of a Computer)

A person who obtains a pecuniary advantage, or has a third party obtain such advantage, by inputting false information or improper commands into a data processing device such as a computer, or by inputting or altering information without authority and thereby causing data processing, shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 20 million won.

- Criminal Act, Article 351 (Habitual Offenders)

A person who habitually commits a crime under Articles 347 through the preceding Article shall have the penalty prescribed for that crime increased by up to one half.

- Act on Aggravated Punishment of Specific Economic Crimes, Article 3 (Aggravated Punishment of Specific Property Crimes)

(1) Where a person who commits a crime under Article 347 (fraud), Article 347-2 (fraud by use of a computer), or Article 351 (limited to a habitual offender under Article 347 or Article 347-2) of the “Criminal Act” obtains, or has a third party obtain, property or a pecuniary advantage whose value (hereinafter in this Article referred to as the “amount of profit”) is 500 million won or more, the person shall be subject to aggravated punishment in accordance with the following subparagraphs.

1. Where the amount of profit is 5 billion won or more: imprisonment for life or for not less than 5 years

2. Where the amount of profit is 500 million won or more but less than 5 billion won: imprisonment for a definite term of not less than 3 years

The attorney argued that the client had completed repayment of all of the loss amounts to the roughly 50 victims.

The attorney argued that the client, who had just become an adult and was young, had committed this crime in circumstances where the client lacked various kinds of social experience.

The attorney argued that the client was sincerely remorseful about the case and was making efforts not to commit the same crime again, such as not accessing used-goods sales websites.

The case above involved a client who obtained money from numerous victims through many lies, but received a suspended sentence with the help of a Pyeongtaek fraud attorney.

The crime of fraud is established where a person deceives another and thereby takes delivery of property or obtains a pecuniary advantage.

If you are facing a trial on fraud charges as described above, you are welcome to request the assistance of an attorney at the Pyeongtaek office at any time.