Seosan Law Firm Assistance | Protecting the Safety of a Victim of an Unfair Contract by Providing Security Services

The clients had been subjected to gaslighting for decades by the perpetrator, a cult leader.

The clients began attending the church in their late teens and came to know the perpetrator at that time.

The perpetrator extorted the money that the clients earned from tutoring once they became university students, under the pretext of offerings.

Afterward, when the clients pooled their funds to establish an academy, he registered it under his spouse's name.

When the clients said they wanted to sever the relationship, he had them sign an entrustment contract he had drawn up.

Having been subjected to an unfair contract by the perpetrator in this way, the clients decided to meet the perpetrator and proceed with a settlement, and in order to deter any sudden actions by the other party, they visited the Seosan law firm and requested security services.

The Seosan attorney argued that the perpetrator could face charges such as 🔗fraud.

※ Criminal Act

■ Article 347 (Fraud)

(1) A person who defrauds another to take property or to obtain pecuniary advantage shall be punished by imprisonment for up to 10 years or a fine of up to 20 million won.
(2) The preceding paragraph shall also apply to a person who, by the methods stated in the preceding paragraph, causes a third party to take property or to obtain pecuniary advantage.

Article 351 (Habitual Offenses) A person who habitually commits the offenses under Articles 347 through the preceding Article shall have the sentence prescribed for such 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 who commits an offense under Article 347 (Fraud), Article 347-2 (Fraud by Use of a Computer), Article 350 (Extortion), Article 350-2 (Special Extortion), Article 351 (limited to the habitual offenses under Articles 347, 347-2, 350, and 350-2), Article 355 (Embezzlement and Breach of Trust), or Article 356 (Occupational Embezzlement and Breach of Trust) of the “Criminal Act” has acquired, or caused a third party to acquire, property or pecuniary advantage whose value (hereinafter referred to as the “amount of gain” in this Article) is 500 million won or more, such person shall be subject to aggravated punishment according to the following classifications.
1. If the amount of gain is 5 billion won or more: imprisonment for life or for at least 5 years
2. If 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
(2) In the case of paragraph (1), a fine equivalent to up to the amount of gain may be concurrently imposed.

*If you wish to review the details, please obtain a 🔗legal consultation with an attorney.

The Seosan attorney explained the elements of fraud.

1. Deceptive act: an act that induces a mistake in the perception and judgment of a fact

2. Act of disposition: the act by which the victim, having fallen into a mistake, actually transfers property

3. Pecuniary advantage: an advantage gained in property terms

At the client's request, the firm sought to provide close-protection security.

It therefore provided accompanying security services by vehicle, starting from the client's home.

The client decided to meet the perpetrator at the academy and proceed with the settlement.

To remove risk factors, the Seosan attorney established a strategy of deploying two-person teams of security guards inside and outside the academy.

The client was afraid that the perpetrator might take sudden actions.

The Seosan attorney established a plan to prevent sudden actions by the perpetrator.

Accordingly, the firm continuously monitored the perpetrator and secured an evacuation route for the client in advance in case of a contingency.

The client received the firm's coordinated security services and safely concluded the settlement.

If you are in a situation like the one above, consider receiving security services that address risk factors in advance to prevent harm to clients.