[Gwangju Dong-gu Attorney Win] Gwangju Dong-gu Attorney Succeeds in Claiming 290 Million Won in Damages

The client in this case was on close terms with the defendant and trusted him.

Exploiting this, the defendant asked the client to lend him money under the pretext of his father's hospital expenses and the cost of canceling a mortgage registration to dispose of real estate, and borrowed about 290 million won.

The defendant used the large sum borrowed from the client for illegal online gambling and paid it to other fraud victims.

From the time he borrowed the money from the client, the defendant had neither the intention nor the ability to repay it.

The client came to file a claim for damages against the defendant, who had committed an unlawful act, at the Gwangju Dong-gu attorney.

■ Crime of Fraud

- Criminal Act, Article 347 (Fraud)

(1) A person who deceives another and thereby takes possession of property or obtains a pecuniary advantage shall be punished by imprisonment for not more than ten years or by a fine not exceeding 20 million won.

(2) The same punishment as in the preceding paragraph shall apply where a person, by the method described in the preceding paragraph, causes a third party to take possession of property or to obtain a pecuniary advantage.

- Criminal Act, Article 351 (Habitual Offenders)

A person who habitually commits any of the crimes under Articles 347 through the preceding Article shall be subject to an increased punishment of up to one-half of the punishment prescribed for the relevant crime.

- 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 habitual offenders under Articles 347 and 347-2) of the “Criminal Act” obtains, or causes a third party to obtain, property or pecuniary advantage through the criminal act of which the value (hereinafter in this Article referred to as the “amount of gain”) is at least 500 million won, he or she shall be subject to aggravated punishment according to the following classifications.

1. Where the amount of gain is at least 5 billion won: life imprisonment or imprisonment for at least five years

2. Where the amount of gain is at least 500 million won but less than 5 billion won: imprisonment for a definite term of at least three years

■ Civil Act

- Article 750 (Definition of Tort)

A person who causes loss to another by an unlawful act, whether intentional or negligent, is liable to compensate for the loss.

▶ The Gwangju Dong-gu attorney emphasized that the defendant, with intent to commit fraud, deceived the client and obtained money from the client, and that the defendant's conduct therefore constitutes an offense under Article 347 of the Criminal Act and clearly amounts to an intentional tort under Article 750 of the Civil Act.

▶ The Gwangju Dong-gu attorney emphasized that the client lent money out of trust in the defendant, but the defendant betrayed the client, and the client suffered a severe shock from the betrayal of a trusted person and was in poor health as a result.

▶ The Gwangju Dong-gu attorney emphasized that the defendant had defrauded the client of 290 million won over a total of 93 occasions.

If you wish to pursue a damages lawsuit with the assistance of an experienced attorney, as in the case above, you may reach out to the Gwangju Dong-gu attorney.

Drawing on extensive experience handling damages lawsuits and a record of resolved cases, we will work alongside you on your matter.