Assistance with Settlement in a Fraud Case | Non-referral Decision Through Assistance Including Settlement Regarding the Fraud Charge

1) Clarifying the Nature of the Monetary Relationship

The criminal defense attorney emphasized that the client had not deceived the victim and obtained the money by fraud, but rather had received the money as funds for living expenses and employment preparation costs.

Accordingly, the attorney organized the message records between the two and the circumstances at the time to explain how the financial assistance had come about, arguing that it was difficult to find that the client had any intent to defraud.

2) Organizing the Records of Use and the Circumstantial Evidence

The criminal defense attorney organized the circumstances of use, such as the records of rent and living expenses and the educational expenses incurred in the course of preparing for employment, and explained to the investigative authorities that the money had been used not for personal luxury or another purpose but for the maintenance of daily life and the preparation for employment.

The attorney also submitted the message record in which the client had said, "I will be sure to repay you," thereby clearly establishing the client's intent to repay, and organized the case in a manner that left open the possibility of settlement in the fraud case.

3) Proceeding with the Settlement in the Fraud Case with the Victim

The criminal defense attorney proceeded with the settlement in the fraud case on behalf of the client.

As a result, through sufficient dialogue with the victim, the client partly resolved the misunderstanding regarding the monetary relationship and reached a settlement, and the victim also indicated that the victim did not wish to see the client punished.

The criminal defense attorney comprehensively organized the circumstances of the client's receipt of the money, the records of its use, and the fact of the settlement in the fraud case with the victim, and submitted them to the investigative authorities.

After reviewing the submitted materials and the circumstances of the case, the investigative authorities determined that it was difficult to find that the client had any intent to obtain the money by fraud.

As a result, this case was determined to be difficult to regard as subject to criminal punishment and was concluded with a non-referral decision.

When proceeding with a settlement in a fraud case, it is necessary to give due consideration to the circumstances of the case and the victim's position.

An attitude that sincerely explains the loss and anxiety felt by the victim and that demonstrates a willingness to resolve the matter may also be an important factor.

In addition, in the course of the settlement, it is necessary to clearly organize various matters, such as the size of the settlement amount, the method of payment, and whether there is an intent to seek punishment.

Because such procedures may vary depending on the progress of the fraud case and the relationship between the parties, it is important to review the direction of the response with care.