Fee for Retaining a Fraud Attorney | The Attorney Who Helped a Client Charged with Fraud and the Like Obtain an Acquittal

The fraud attorney who conducted the consultation on the fee for retaining a fraud attorney focused on the fact that the funds at issue were not newly defrauded property but a settlement sum arising from an existing transactional relationship.

The attorney then cooperated with the 🔗Evidence Investigation Center to collect the contract, the account flows, and the transaction history, and comprehensively analyzed them to reconstruct the entire transaction structure.

As a result, the fraud attorney established that the substance of the movement of funds was a 'settlement.'

Under the Criminal Act, the crime of fraud is not established merely by the fact that money changed hands; rather, both the intent to deceive and whether the other party was thereby led into a mistaken belief must also be recognized.

Accordingly, the fraud attorney reviewed the circumstances of the client's statements and the transaction structure as a whole, and constructed the argument centered on the fact that it was difficult to find that there had been any communication of false facts capable of misleading the other party.

As to the part of the document preparation that was at issue, the fraud attorney emphasized that an actual decision-making process had existed.

The attorney established, through the statements of those involved and internal practice, that this amounted to no more than an omission in the ordinary procedure and that there had been no intent to make a false entry or to commit forgery, thereby blocking the establishment of criminal liability.

The crime of fraud requires that all of the following elements be satisfied.

Where the above elements are satisfied, the offender is, under Article 347 of the Criminal Act, punished by imprisonment for not more than 20 years or a fine not exceeding 50 million won.

If the amount of the gain exceeds a certain threshold, the Act on Aggravated Punishment of Specific Economic Crimes applies and the level of punishment may increase.

Accordingly, an accurate calculation of the amount and a legal assessment at the early stage are important.

The crime of forgery of a private document is a crime provided for in Article 231 of the Criminal Act, and refers to the act of preparing a new document using another person's name without authorization.

Such an act can undermine the trust underlying legal relationships, such as contracts and financial transactions, and is therefore treated strictly in practice as well.

Where this crime is recognized, a sentence of imprisonment for not more than five years or a fine not exceeding 10 million won may be imposed.

A fraud case, even where it appears to be a simple monetary dispute, has a high likelihood of expanding into criminal liability.

In particular, where the flow of funds is complex, a process of reconstructing the transaction structure on the basis of objective materials and presenting arguments in conformity with the legal elements is essential.

Accordingly, it is important to respond strategically at the early stage.

The criminal law specialist attorneys at Daeryun, the ninth-ranked law firm in the Republic of Korea (based on 2025 National Tax Service value-added tax filings), closely review, in fraud and other criminal cases, the transaction structure, whether deception occurred, and the factors bearing on intent, and prepare a response strategy suited to the course of the case.

If you have questions about the fee for retaining a fraud attorney or are in a situation requiring legal assistance, please request assistance through a 🔗Legal Consultation Reservation.