CONTENTS
- 1. The Client Who Sought Out an Attorney Handling Jeonse Fraud Cases
- - Elements of the Crime of Fraud
- - Severity of Punishment for the Crime of Fraud
- 2. Assistance Provided by the Attorney Handling Jeonse Fraud Cases
- - Fraud Complaint Representation Strategy ① | Establishing the Deceptive Conduct
- - Fraud Complaint Representation Strategy ② | Scale of the Harm and the Victim's Living Circumstances
- - Fraud Complaint Representation Strategy ③ | Submission of the Complaint and Supporting Materials
- 3. Result of the Assistance by the Attorney Handling Jeonse Fraud Cases: Indictment for Formal Trial Without Detention, Public Prosecution Instituted
- - If You Have Been the Victim of Deposit Fraud
1. The Client Who Sought Out an Attorney Handling Jeonse Fraud Cases
The client, who requested a consultation with an attorney handling jeonse fraud cases, had several years earlier entered into a lease agreement with the lessor (the accused) and paid a deposit of approximately 63 million won.
However, seven months after the agreement was concluded, an auction was filed based on a mortgage to secure a maximum amount, and as a result the client was unable to recover the full amount of the deposit.
Having lost the entire deposit and been evicted from the residence, the client concluded that there had been intent and a fraudulent act on the part of the accused, and sought out Daeryun Law Firm, which has attorneys handling jeonse fraud cases, to file a criminal complaint against the lessor for the crime of fraud and entrusted the case to the firm.
Elements of the Crime of Fraud
An attorney handling fraud cases will briefly explain the legal elements of the crime of fraud and the severity of its punishment.
The crime of fraud refers to a crime of deceiving another person and thereby receiving property or obtaining a pecuniary benefit.
Here, the most important matter is whether there was a ‘fraudulent act’ on the part of the other party.
For the crime of fraud to be established, there must be a fraudulent act in which the offender states a false fact in order to deceive another person or, conversely, conceals an important fact.
In this case as well, because the accused repeatedly made reassuring statements that differed from the facts, saying that ‘it is fine even though there is a mortgage to secure a maximum amount,’ thereby deceiving the client and obtaining the deposit, it was determined that a fraudulent act, the core element of the crime of fraud, was established.
Supreme Court Decision of February 22, 1983, 82Do3139
In addition, as held in the above precedent, even if no actual financial harm occurs, the crime of fraud may be established if there was a fraudulent act intended to obtain a pecuniary benefit.
Severity of Punishment for the Crime of Fraud
A person who has committed the crime of fraud is subject to the following punishment under Article 347 of the Criminal Act.
Article 347 of the Criminal Act (Fraud) | Severity of Punishment |
A person who deceives another and thereby receives property or obtains a pecuniary benefit | Imprisonment for up to 10 years or a fine of up to 20 million won |
2. Assistance Provided by the Attorney Handling Jeonse Fraud Cases
The attorney handling jeonse fraud cases carefully analyzed the circumstances of the agreement between the client and the lessor, and then focused on proving the fraudulent act and intent of the accused.
Fraud Complaint Representation Strategy ① | Establishing the Deceptive Conduct
At the time of the lease agreement, a high-value mortgage to secure maximum amount of approximately 1.5 billion won had already been established.
Nevertheless, the accused repeatedly told the client that there was “nothing to worry about” and induced the client to enter into the agreement.
By emphasizing that an auction proceeded immediately thereafter, the deceptive conduct of the other party was established.
Fraud Complaint Representation Strategy ② | Scale of the Harm and the Victim's Living Circumstances
The deposit of 63 million won was effectively the client's entire assets.
The attorney handling fraud cases emphasized this point and highlighted that the foundation of the victim's livelihood had collapsed as a result of the accused's fraudulent conduct, assisting the investigative authorities in recognizing the seriousness of the case.
Fraud Complaint Representation Strategy ③ | Submission of the Complaint and Supporting Materials
The attorney handling fraud cases organized the above facts together with supporting materials and prepared and submitted the complaint.
In addition, during the examination of the complainant, the seriousness of the matter and the circumstances of the harm were thoroughly explained.
3. Result of the Assistance by the Attorney Handling Jeonse Fraud Cases: Indictment for Formal Trial Without Detention, Public Prosecution Instituted
With the systematic preparation and assistance of the attorney handling jeonse fraud cases, the police, after investigating the case, referred it to prosecution, taking into account the fact that the accused had already been detained in connection with a similar case.
Subsequently, the prosecution recognized the criminal charges against the accused and indicted the accused for formal trial without detention, through which the client secured a process by which the offender would be subject to legal adjudication.
If You Have Been the Victim of Deposit Fraud
If you have been the victim of deposit fraud, promptly securing materials that prove the harm and strategically preparing the complaint are key to obtaining a favorable result in the subsequent civil and criminal proceedings.
Drawing on its experience and know-how in handling various real estate and jeonse fraud cases, Daeryun Law Firm provides one-stop support, from a complaint strategy suited to the client's situation to a claim for damages, through a system that assigns a dedicated attorney to each case.
If you wish to proceed with criminal proceedings due to harm from deposit fraud, please 🔗schedule a legal consultation and entrust your case to us.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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