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Q
If I am subjected to a fraud complaint, will I receive a custodial sentence?
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Hello. A while ago, out of boredom, I created an Instagram account using a celebrity's photos and sent DMs to other people. I started it because it was amusing to see people get fooled, but when I asked for money, they sent it easily. In the end, I was caught, and a while ago I heard that I had been reported for the crime of fraud. If I am subjected to a fraud complaint, will I go to prison? Will I be punished even though it is a small amount of money? I am truly remorseful.. how should I respond?
Fraud complaint
Fraud punishment
Fraud response
Answer to Related Inquiry
Author: 고병준
You have been subjected to a fraud complaint. The act of impersonating another person may constitute the crime of fraud.
Beyond merely impersonating a celebrity, if you caused financial harm to the victim through the impersonation, you may be subject to criminal punishment.
The crime of fraud is an offense punishable under the Criminal Act.
It is punishable by imprisonment for up to 10 years or a fine of up to 20 million won.
If the gain obtained through such impersonation is large, the Act on the Aggravated Punishment of Specific Economic Crimes applies, and you will receive an even heavier punishment.
If the amount of gain is 500 million won or more but less than 5 billion won, imprisonment for a definite term of at least 3 years applies, and if the amount of gain is 5 billion won or more, imprisonment for life or for at least 5 years may be imposed.
The crime of fraud is established if you deceive another and, through an act of disposition, obtain a pecuniary benefit or receive property, so caution is needed because you can be punished even if the amount defrauded is small.
In your case, if it is clear that you impersonated a celebrity, deceived another person, and received money, it is judged that you will not be able to avoid the charge of fraud.
If you are facing criminal punishment after being subjected to a fraud complaint, it is important to understand the sentencing guidelines for the crime of fraud, and then respond by establishing a strategy to reduce the punishment.
In addition, the crime of fraud is a case that can lead not only to criminal punishment but also to a civil lawsuit.
Therefore, rather than responding to the case alone, we recommend that you respond to it promptly with the help of a criminal attorney.
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