Aiding and Abetting Fraud Case | A Suspended Sentence for a Client Who Served as a Money-Laundering Operative

After establishing a parts shop, the client attempted to promote the shop and solicit business through platforms such as Naver.

In the meantime, he received contact from a person claiming to be a team leader at Company A, who offered to help him purchase parts at low prices and sell them.

The team leader explained that, in order to leave a transaction record, money had to be withdrawn from a corporate account in the client’s name, and that a commission would be paid on the condition that the client withdraw in cash the payment remitted by the company wishing to purchase the parts and deliver it.

Accordingly, the client came to face trial on a charge of having facilitated a fraudulent scheme in the course of that process, and, judging that it would be difficult to respond on his own, requested an attorney’s help.

In order to prove that the client had not intentionally participated in the fraudulent scheme, the attorney systematically gathered the KakaoTalk messages, call records, and transaction-related supporting materials between the client and the team leader of Company A.

As a result of reviewing the gathered materials, the client was in a situation where he could only regard the transaction method explained by the team leader as a legitimate, actually existing gift-voucher transaction method, and the attorney used this as grounds to prove that the transaction could only have been mistaken for a legitimate business transaction.

The client had no record of the same type of crime and no prior record exceeding a fine.

Accordingly, the attorney gathered and submitted to the court materials capable of proving this, such as a criminal record inquiry, a family relationship certificate, and materials on the client’s social and economic background.

In addition, the attorney prepared a written opinion that clearly explained these materials as grounds for sentencing, providing professional assistance so that the court could take them into account when considering leniency.

After receiving the indictment, the client reviewed the evidentiary records together with the attorney and examined in detail the circumstances of the case and his own conduct, and through this he came to recognize what wrong he had committed and is deeply remorseful.

In response, the attorney provided systematic assistance as follows so that the client could effectively convey his sincere remorse to the court.

In the case of aiding and abetting fraud, Article 32 of the Criminal Act provides that the offender is to be punished as an accessory.

An accessory means a person who aids another’s crime or who participates in its commission.

Although an accessory receives a punishment mitigated below that of the principal offender, an actual custodial sentence may still be imposed, so it is important to consult an attorney promptly and respond.

The level of punishment for the crime of fraud is as follows.

From the early stage of a case, Law Firm Daeryun systematically gathers mitigating factors tailored to the client’s situation and the characteristics of the case.

During the police investigation, we accompany the client and provide professional assistance to secure the consistency and accuracy of statements and to prevent unnecessary misunderstandings from arising.

In addition, throughout the entire course of the case, we actively protect the client’s rights through a multifaceted defense strategy that includes evidence analysis, the preparation of strategic written opinions, and the submission of materials favorable to sentencing.

If you are involved in an aiding-and-abetting-fraud case and are experiencing difficulty, please request assistance through a 🔗legal consultation reservation.