Defense Case on Punishment for the Crime of Fraud | Client Sentenced to an immediate custodial sentence at the First Instance for the Crime of Fraud Obtained a Suspended Sentence on Appeal with Daeryun's Assistance

Criminal Act

Article 329 (Larceny)

A person who steals another's property shall be punished by imprisonment for not more than six years or by a fine not exceeding 10 million won.

Article 330 (Nighttime Residential Burglary)

A person who, at night, intrudes into another's residence, a managed structure, a vessel, an aircraft, or an occupied room (房室) and steals (竊取) another's property shall be punished by imprisonment for not more than ten years.

Article 347 (Fraud)

A person who, by deceiving another, receives the delivery of property or obtains pecuniary benefit shall be punished by imprisonment for not more than ten years or by a fine not exceeding 20 million won.

The reason the client was punished for the crime of fraud was that, after entering into a supply contract and receiving the down payment, the client failed to make the delivery.

The Daeryun fraud attorney argued that the client had done everything possible to complete the delivery, including postponing the delivery date and promising to make payment in kind with real estate.

The Daeryun fraud attorney emphasized that the client had not committed fraud intentionally and requested leniency.

The Daeryun fraud attorney emphasized that there was no intent with respect to the 🔗larceny and intrusion into a structure charges.

These charges arose from a misunderstanding related to the relocation of an office to a building that had been sold at auction after the rehabilitation of the client's company was discontinued.

The client's company building, which had been awarded to a third party at auction, still held only office furnishings, and the third party had not yet taken actual possession.

In the course of clearing out the office, the client mistakenly took the victims' belongings, and the victim's report of theft in response led to the institution of public prosecution in this case.

The Daeryun fraud attorney emphasized that the client had not intentionally committed larceny or intrusion into the building.

If you have become involved in a charge such as fraud, you need the help of a specialized attorney to protect your rights, seek a reduction of punishment, and pursue recovery for the harm.

As with the client in the case above, in order to prepare an appeal against a first-instance judgment, one must find new evidence and favorable evidence that could not be established at the first instance and persuade the court.

At Daeryun LLC, attorneys with an average of twenty years of practical experience provide a defense strategy for clients based on their extensive practical experience.

If you need the help of a 🔗specialized attorney in a situation such as punishment for the crime of fraud or other offenses, please reach out to Daeryun LLC.