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Violation of the Act on Aggravated Punishment of Specific Economic Crimes (fraud)
Violation of the Act on Aggravated Punishment of Specific Economic Crimes (fraud)Favorable judgment

Wonju Attorney Recommendation | A Fraud Victim Client Referred by a Wonju Attorney Recommendation, Successfully Obtaining a Sentence of Imprisonment for the Perpetrator

The client, who visited on the recommendation of a Wonju attorney, had suffered fraud amounting to several billion won.

The Wonju attorney filed a criminal complaint together with the client, and the perpetrator received a sentence of imprisonment.

1. A Client Who Visited Daeryun Through a Wonju Attorney Recommendation

Wonju Attorney Recommendation
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The client who requested assistance from Daeryun on the recommendation of a Wonju attorney was a victim who had suffered fraud amounting to several billion won.

The client wished for the perpetrator to receive due punishment, and sought out a Daeryun Wonju attorney.

Through a thorough consultation with the client, the Wonju attorney ascertained the facts of the harm suffered and proceeded to represent the client in filing a criminal complaint.

The Statutes Relevant to the Case, Reviewed Through a Wonju Attorney Recommendation

The punishment and sentencing for the crime of fraud are set out in the Criminal Act.

Under the Criminal Act, the crime of fraud is punishable by imprisonment for not more than 10 years or a fine not exceeding 20 million won; however, where the amount of gain is 500 million won or more, aggravated punishment is imposed pursuant to the ‘Act on Aggravated Punishment of Specific Economic Crimes.’

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

In addition, a fine corresponding to an amount up to the amount of gain may be imposed concurrently.

The amount of harm suffered by the client, who came on the recommendation of a Wonju attorney, was approximately 3 billion won, so the perpetrator may be subject to 🔗aggravated punishment for specific economic crimes.

2. Assistance for the Client Referred by a Wonju Attorney Recommendation

For the client who came on the recommendation of a Wonju attorney, Daeryun proceeded to assert the specific acts of deception and misappropriation committed by the accused.

Assertion of the Harm Suffered by the Client Referred by a Wonju Attorney Recommendation

For the client who came on the recommendation of a Wonju attorney, Daeryun asserted the fraudulent acts committed by the accused and the amount of harm suffered.

The accused was the operator of a private academy, and the client was a parent of one of its students. Under the pretext of purposes such as the child’s winning awards in external competitions, the accused received remittances of approximately 3 billion won over two years for items such as textbook fees, academy tuition, and special private tutoring fees, thereby misappropriating that money.

Citing various excuses, the accused has not repaid any of the money to this day and has not even promised any repayment plan.

On the contrary, the accused told the client that the money in this case could be repaid only if additional money were lent, and even pressed the client to lend further sums.

Presentation of Precedents on Recovery for the Harm Suffered by the Client Referred by a Wonju Attorney Recommendation

The Daeryun Wonju attorney asserted the criminal acts of the accused on the basis of Supreme Court precedents and other authorities.

Where a person borrows money while pretending that he will repay it, even though he has no clear intention to repay or no ability to repay within the repayment date promised at the time of borrowing, the intent to misappropriate may be recognized (see Supreme Court Judgment of August 23, 1983, 83 Do 104, among others)

Since obtaining a postponement of the performance of an obligation also constitutes a pecuniary benefit for the purposes of the crime of fraud, where a debtor, despite having no intention or ability to pay the creditor by the designated date, issues and delivers a promissory note for the purpose of deferring the due date of an existing obligation, the crime of fraud is established (see Supreme Court Judgment of July 2, 1997, 97 Do 1095, among others)

Although the accused had no ability to repay at the time of each of the above loans, he obtained a pecuniary benefit by deceiving the client into believing that he could repay if given a little more time, or that he could repay the earlier borrowed amounts only by securing a loan that met additional loan conditions, and thereby borrowed further money.

For the client who came on the recommendation of a Wonju attorney, Daeryun emphasized that, because the nature of the accused’s offense was very serious, he should receive a severe punishment.

3. Result of the Assistance Following a Wonju Attorney Recommendation: Successful Return of the Principal and a Sentence of Imprisonment

As a result of Daeryun’s assistance, the client who came on the recommendation of a Wonju attorney obtained a decision ordering the return of the amount lost to fraud. The court also imposed a sentence of imprisonment on the perpetrator.

The client said, “I wanted the perpetrator to receive a severe punishment. Thanks to the Daeryun Wonju attorney, I was able to have my grievance resolved.”

As with the client in the above case, harm from fraud causes not only financial loss but also psychological suffering, so it is best to obtain the assistance of a specialized attorney in order to recover from the harm.

Daeryun Law Firm provides a defense strategy tailored to each client throughout the entire process of consultation, investigation, and trial.

If you are seeking an attorney recommendation in a situation such as the one above, please visit the 🔗Wonju Office of Daeryun Law Firm.

원주변호사추천 | 원주변호사추천 받은 사기 피해자 의뢰인, 가해자 징역형 선고 성공

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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