How should a criminal complaint and accusation document be prepared?

A criminal complaint and accusation document is a document that systematically organizes the facts of criminal damage and the evidence to request punishment from an investigative agency, and in the case of financial damage, in principle it is a 'criminal complaint' that the victim files directly.

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

Therefore, in the case where you lent money to a friend and suffered damage, you should choose the criminal complaint procedure rather than an accusation.

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

① Entry of personal information: Accurately write the basic information, such as the names and contact details of the complainant and the person complained against.

② Organization of the circumstances of the case: Specifically write, in chronological order, the point in time when the money was lent, the amount, the promise of repayment, and the circumstances of the subsequent loss of contact.

③ Organization of the elements establishing fraud: You must present specific deceptive acts that can prove that the debtor had no intention or ability to repay from the beginning.

④ Attachment of evidentiary materials: Submit account transfer records, a loan certificate, KakaoTalk conversations, call records, and the like together.

In addition, because an investigative agency strictly distinguishes between simple default and fraud, the criminal complaint should be composed centering on objective materials that support the 'deceptive act' and the 'intent to defraud.'

For example, if there are circumstances of repeated borrowing without the ability to repay, a false explanation of circumstances, or damage by the same method, it is important to state these together.

The more these elements are organized, the higher the possibility that the fraud charge will be recognized.

Furthermore, because entering false facts may give rise to criminal liability, such as the crime of false accusation, caution is required, and if necessary, please review in advance whether the requirements are satisfied and the procedure through a consultation with an attorney experienced in criminal cases.