Busan Attorney Consultation Defense Case | Client Charged With Fraud Who Received a Busan Attorney Consultation, Defended With a Suspended Sentence

After being subjected to a criminal complaint by the lending company and receiving a sentence of six months' imprisonment at the first instance, the client, alarmed, requested a Busan attorney consultation. The detailed circumstances are as follows.

The client traveled abroad to gamble.

In the course of this, the client gradually became addicted to gambling, the number of games increased, and the client ended up squandering all the money.

Unable to borrow money from those around them, the client looked into online loans and, after confirming that a loan was available from OO Capital, immediately borrowed 39 million won.

After returning to Korea, the client, having concluded that repaying the loan was impossible, filed for personal rehabilitation. On learning of this, OO Capital applied a charge of fraud against the client and filed a criminal complaint.

As a result, the client received an actual custodial sentence at the first instance.

Wishing to obtain a reduction of sentence through an appeal, the client requested assistance from Daeryun.

As with the client above, if a loan is not repaid, the crime of fraud under the Criminal Act applies.

The crime of fraud is a crime committed when a person deceives another and, by exploiting the other party's mistaken intention, receives the delivery of property or obtains any other pecuniary advantage.

The decisive reason the client was charged with fraud was that after taking out the loan, the client made no repayment whatsoever and filed for 'personal rehabilitation'. In such a case, it is judged that the borrower took out the loan with personal rehabilitation in mind and deceived the lending company.

Accordingly, it is important to obtain recognition that there was no intent to commit fraud, by proving that there was an intention to repay at the time the loan was taken out.

We argued that the company where the client is currently employed is of considerable size and that the client's salary is also stable, so that at the time of the loan the client was judged to have had sufficient repayment capacity.

We also argued that the client had intended to repay steadily and had also intended to repay in a lump sum if a large sum became available.

We argued that the client, having concluded that repaying the loan debt would make it difficult to support the family's livelihood, filed for personal rehabilitation out of necessity, and that it was unjust to argue, on that basis, that there had been no intention to repay the loan.

We argued that the client had thought repayment could be made little by little from the monthly salary, and that the client felt apologetic toward the victim company that matters had reached this point.

We argued that the client is deeply remorseful and, by submitting a handwritten letter of apology, resolved never to commit the same wrong again.

As with the client above, if you undergo personal rehabilitation after taking out a loan, you may be subjected to a criminal complaint for fraud by the lending company on a charge of deception.

Accordingly, it is important, through a consultation with an attorney, to prove that there was an obligation and ability to repay at the time of the loan.

Daeryun has many attorneys with extensive experience in cases similar to the one above, who form a team dedicated solely to a single client and actively assist the client, so if you need help, please feel free to request a Busan attorney consultation at any time.