Assistance of an Incheon Attorney | Fraud Victim Assisted, Perpetrator Sentenced to Imprisonment

The client was defrauded by the perpetrator.

While the client was looking for a factory site, the client met the perpetrator, who was posing as an agent for a general construction company.

The perpetrator told the client, “If you lend me money, I will help you build the factory well, along with interest.”

Deceived by this, the client deposited money into the perpetrator's account.

However, the perpetrator made various excuses and had no intention of repaying the client's money.

In the end, the client requested that the Incheon attorney represent the client in filing a complaint in order to proceed with a fraud case against the perpetrator.

The Incheon attorney explained the statutes concerning the 🔗crime of fraud.

■ 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 10 years or by a fine not exceeding 20 million won.
② The same penalty as in the preceding paragraph shall apply where a person, by the means stated in the preceding paragraph, causes a third party to receive the delivery of property or to obtain a pecuniary advantage.

*Because the legal solution may differ according to each person's situation, if you would like a detailed review of your situation, please seek a 🔗legal consultation with an attorney.

※ Elements of the crime of fraud

For the crime of fraud to be committed, the following elements are required.

1. Act of deception: an act that deceives the other party into a mistaken belief
2. Act of disposition: an act in which the victim, having fallen into a mistaken belief, delivers property
3. Pecuniary gain: a causal relationship between the act of deception and the pecuniary gain
4. Intent of unlawful acquisition: the intent to unlawfully acquire pecuniary gain

For the crime of fraud to be committed, it is important to prove the intent to engage in the act of deception.

Because this requires a careful review of the situation and the evidence, obtaining even a brief consultation with an attorney can be helpful.

The perpetrator posed as an agent for the construction company and deceived the victim into handing over money.

The Incheon attorney argued that, although the perpetrator had said he would repay the money to the client, in reality he held no such position and had no ability to make repayment.

The attorney argued that the offender had repaid only small amounts to the client on two occasions.

On this basis, the attorney emphasized that the offender had still not reached a settlement with the client and had made no effort to recover the damages.

The client sought to file a criminal complaint against the offender after suffering damage from fraud.

Through the attorney's representation in filing the complaint, the offender was sentenced to imprisonment.

If you have been defrauded, you may pursue not only a criminal complaint but also a civil claim for damages.

The attorney responds to fraud-related litigation, including civil and criminal cases, together with professionals in each field.

Working with attorneys positioned across all regions, we provide client-tailored solutions through in-person meetings and real-time video conferences.

If you have been defrauded, please feel free to request assistance from an 🔗Incheon attorney at any time.