Suncheon Criminal Attorney Case | Suncheon Criminal Attorney, Suspended Sentence on Charges of Defrauding Hundreds of Millions of Won Through Rental Fraud

The Suncheon criminal attorney assessed the client's case as follows. First, noting that the client had conspired with numerous accomplices to cause financial loss to the victim company, the attorney viewed the situation as unfavorable to the client because the victim company was seeking severe punishment.

The Suncheon criminal attorney further anticipated that, even if the net gain the client obtained from this offense was not five hundred million won, a heavier sentence could be imposed than for ordinary fraud charges because the charge of violating the Act on Aggravated Punishment of Specific Economic Crimes applied.

The Suncheon criminal attorney states that, in the case of fraud under the Act on Aggravated Punishment of Specific Economic Crimes, caution is needed because aggravating factors exist.

Sentencing for Fraud Under the Act on Aggravated Punishment of Specific Economic Crimes

Criminal Act
Article 347 (Fraud) (1) A person who deceives another and receives the delivery of property or obtains a pecuniary advantage shall be punished by imprisonment for not more than ten years or by a fine of not more than twenty million won.
(2) The preceding paragraph shall also apply to a person who, by the means described in the preceding paragraph, causes a third party to receive the delivery of property or to obtain a pecuniary advantage.

Article 351 (Habitual Offenders) A person who habitually commits an offense under Articles 347 through the preceding Article shall have the punishment prescribed for that offense increased by up to one half.

Act on Aggravated Punishment of Specific Economic Crimes, Article 3 (Aggravated Punishment of Specific Property Crimes) (1) If a person commits an offense under Article 347 (Fraud), Article 347-2 (Fraud by Use of Computers, etc.), or Article 351 (limited to habitual offenders under Articles 347 and 347-2) of the “Criminal Act,” and the value of the property or pecuniary advantage obtained or caused to be obtained by a third party through that criminal act (hereinafter referred to as the “amount of gain” in this Article) is five hundred million won or more, the person shall be subject to aggravated punishment according to the following classifications:

1. If the amount of gain is five billion won or more: imprisonment for life or for not less than five years
2. If the amount of gain is not less than five hundred million won but less than five billion won: imprisonment for a limited term of not less than three years

The Suncheon criminal attorney showed that the gain the defendant obtained from the offense in this case was not large.

The Suncheon criminal attorney argued that the defendant had divided the criminal proceeds with the other defendants, so the client's share was necessarily small.

The Suncheon criminal attorney emphasized that the defendant's family and acquaintances had submitted numerous petitions seeking leniency for the defendant.

The attorney then showed that the defendant was deeply remorseful and requested that the most lenient disposition possible be imposed.