How should I write a criminal complaint?

A criminal complaint is a document that systematically organizes the facts and evidence of criminal damage to request punishment from investigative agencies, and in the case of monetary damage, 'criminal complaint' filed directly by the victim is the principle.

First, looking at the difference between criminal complaint and report, criminal complaint is a procedure in which the victim directly requests punishment, while report is when a third party reports a crime.

Therefore, if you suffered damage by lending money to a friend, you should choose the criminal complaint procedure, not a report.

The preparation of a criminal complaint proceeds in the following steps.

(1) Personal information entry: Accurately write the basic information of the complainant and the accused, including names and contact information.

(2) Organize case background: Write specifically in chronological order, including the time of lending money, the amount, the repayment promise, and the subsequent loss of contact.

(3) Organize fraud establishment elements: You must present specific deceptive acts that can prove the debtor had no intention or ability to repay from the beginning.

(4) Attach evidence materials: Submit account transfer records, loan agreements, KakaoTalk conversations, call records, etc. together.

In addition, since investigative agencies strictly distinguish between simple non-payment of debt and fraud, the complaint should be structured around objective materials supporting 'deceptive acts' and 'intent to defraud'.

For example, if there are circumstances of repeated borrowing without the ability to repay, false circumstances explanation, or similar damage cases, it is important to include these.

The more these elements are organized, the higher the possibility of recognition of fraud charges.

In addition, if false facts are stated, criminal liability such as the crime of false accusation may arise, so caution is needed, and if necessary, please review the satisfaction of requirements and procedures in advance through consultation with a criminal law specialist attorney.