Jinju Law Office Assistance | Suspended Sentence Secured on a Fraud Charge With the Jinju Law Office's Assistance

The client who visited the Jinju law office committed an offense commonly referred to as *self-rescue (naeguje).

They recruited loan applicants in difficult circumstances, had them join a mutual aid (sangjo) company, and, once they received the delivered products, resold those products to obtain money.

The client was ultimately charged with fraud and requested the assistance of the Jinju law office.

*Self-rescue (naeguje) offense: a coined term meaning "I rescue myself," referring to a variant lending method in which a product obtained through a rental contract or the like is immediately sold to a third party to obtain funds

The Jinju attorney at the Jinju law office noted that, because the gain derived from the client's fraud was large, the client could be subject to aggravated punishment on suspicion of violation of the Act on Aggravated Punishment of Specific Economic Crimes.

Criminal Act provisions on the crime of fraud

Article 347 (Fraud)

① A person who deceives another and thereby receives the delivery of property or obtains a pecuniary advantage shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 20 million won.
② The same penalty as in the preceding paragraph shall apply where, by the means set forth in the preceding paragraph, a third party is caused to receive the delivery of property or to obtain a pecuniary advantage.

Article 351 (Habitual Offenders)

A person who habitually commits any of the crimes under Articles 347 through 350 shall have the penalty prescribed for the relevant crime increased by up to one half.

Act on Aggravated Punishment of Specific Economic Crimes Article 3

① Where a person commits any of the crimes under Article 347 (Fraud), Article 347-2 (Fraud by Use of a Computer, etc.), or Article 351 (only habitual offenders under Articles 347 and 347-2) of the Criminal Act, and the value of the property or pecuniary advantage that the person acquired, or caused a third party to acquire, through the criminal act (hereinafter referred to in this Article as the “gain”) is 500 million won or more, the person shall be subject to aggravated punishment according to the following classifications.

- Where the gain is 5 billion won or more: imprisonment for life or for at least 5 years
- Where the gain is 500 million won or more but less than 5 billion won: imprisonment for a definite term of at least 3 years

The Jinju law office argued that the amount of profit the client gained from the offense was not large compared to the amount defrauded.

It was argued that he had divided the criminal proceeds with the loan applicants and members of the criminal organization, and that accordingly his share was not large.

The Jinju law office argued that the client had made partial restitution of the damages to the injured business.

It emphasized that the injured business had, in turn, expressed an intention that it did not wish for the client's punishment.

The client who consulted at the Jinju law office had been accused of fraud and faced aggravated punishment under the Act on Aggravated Punishment of Specific Economic Crimes.

The Jinju attorney assisted the client through extensive experience in successful criminal litigation.

As a result of this assistance, the client was able to avoid an actual sentence in the fraud case and receive a suspended sentence.

If you are facing a situation similar to that of the client above, please feel free to visit the Daeryun LLC 🔗Jinju law office at any time.