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Seoul Criminal Attorney | Seoul Attorney Secures an Acquittal for a Client on a Fraud Charge

The client was booked on a fraud charge on the ground that, while running his business, he entered into a contract with a gas supply company even though he had no intention of paying the amount due from the outset.

1. Seoul Criminal Attorney | Case Overview

Seoul Criminal Attorney
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The attorney secured an acquittal on the fraud charge brought on the ground that the client had failed to perform a contract he had entered into with a gas supply company.

The core of this case was the legal dispute that arose in a situation where the client became unable to pay the gas charges due to financial difficulties.

Entering Into a Supply Contract With a Gas Supplier

While running a business, the client had entered into a contract with a gas supplier (the victim) and was receiving a normal gas supply.

However, as the economy did not improve due to COVID-19, the client could no longer sustain the business under mounting debt.

As a result, the gas supplier was also unable to collect the gas payments from the client.

The client explained that he was accused of intentionally deceiving the victim, on the theory that he had entered into the gas supply contract without any intention to pay at the time of contracting.

The client firmly denied this, asserting that he had simply been unable to pay the gas charges because conditions had not improved, and that he had not deceived the victim.

A Client Unable to Pay Gas Charges Due to Bankruptcy

The client firmly denied this.

He asserted that he had simply been unable to pay the gas charges because the store's situation had not improved, and that he had never deceived the victim from the outset.

He also explained that he had operated the business normally until just before bankruptcy and that he had intended to perform the contract with the supplier.

However, the client explained that he had unexpectedly faced a financial crisis and had ended up in a position where he could not pay the gas charges.

He explained to the attorney that this situation had arisen regardless of his intent, that it was therefore not an intentional act of fraud, and that he felt wronged, and he requested assistance.

2. Seoul Criminal Attorney | What Is the Crime of Fraud?

We asked a Seoul criminal attorney what the crime of fraud is.

Attorney, what is the crime of fraud that the client is charged with?

Seoul criminal attorney: Yes. Under Article 347 of the Criminal Act, a person who obtains property or acquires pecuniary advantage by deceiving another may be punished by imprisonment for not more than ten years or by a fine not exceeding twenty million won. A person who, by the same method, causes a third party to receive property or to acquire pecuniary advantage is punished in the same way.


Attorney, how should the client's innocence on the fraud charge be proven?

Seoul criminal attorney: Fraud requires an act of deception. The offense is committed when there is conduct such as causing a mistaken belief, a disposition by the deceived party, and the obtaining of property or the acquisition of pecuniary advantage. The client has a chance of being acquitted only if it is proven that even one of these elements is absent.


Elements of the Crime of Fraud

The subject of the crime of fraud is a natural person. Here, this is understood to include a legal entity as well.

For the client to have completed the crime of fraud, he would have had to deceive the victim and enter into the contract despite having no intention to pay the gas supplier's charges (intent to defraud), and he would have had to possess the intent to obtain the gas supply unlawfully (intent of unlawful acquisition).

The crime of fraud has two main elements.

The first is an act of deception. There must be conduct that intentionally distorts or conceals facts so as to mislead the victim.

The second is pecuniary loss. It must be proven that the victim actually suffered pecuniary loss as a result of the act of deception.

In the client's case, there was no act of deception, and the nonpayment was due to financial reasons, so the elements of the crime of fraud were not satisfied.

The Client's Case: Whether It Constitutes Fraud

After the Seoul criminal attorney reviewed the case, it was clear that in this matter the client had been in a situation entirely unrelated to fraud at the time of contracting.

At the time of entering into the gas supply contract, the client had intended to pay the charges, but he became unable to do so as the business fell into bankruptcy.

The client's financial difficulties were a temporary situation unrelated to any intentional act of deception, so there was no basis for punishing him for the crime of fraud.

3. Seoul Criminal Attorney | Assistance Provided by the Seoul Attorney

The Seoul criminal attorney argued that there had been no act of deception in itself, and proved that the testimony of the prosecution's witness was without effect because it was inaccurate.

He also proved that there was no causal connection between the client and the victim's disposition (the entry into the gas supply contract).

Defense Against the Fraud Charge | No Act of Deception

The Seoul criminal attorney proved that the client had committed no act of deception whatsoever against the victim.

The client explained that, at the time he entered into the contract with the victim, he had intended to pay the gas charges, and that he had merely fallen behind on payments after going bankrupt when the business situation failed to improve.

Defense Against the Fraud Charge | Witness Testimony Without Effect

The Seoul criminal attorney argued that the prosecution's witness statement was without testimonial effect.

The witness stated that, before the client entered into the contract with the victim, the client had made a remark to the effect that he was “probably going to go bankrupt soon.”

However, the attorney pointed out that this was something the client had said to the victim only after the gas supply contract had already been concluded.

On this basis, the Seoul attorney argued for acquittal, contending that the prosecution's witness testimony lacked evidentiary value.

4. Seoul Criminal Attorney | Client Acquitted of the Fraud Charge

With the support of the Seoul criminal attorney's thorough legal defense and submission of evidence, the client was found not guilty of the crime of fraud.

The court recognized that the client had no intent to commit fraud and that the reason he could not pay the charges was his financial difficulty.

The client was thus acquitted and freed from legal liability.

The client explained that, with his store in a poor situation and already in bankruptcy, he had also come under investigation on a fraud charge and had been going through a very difficult time.

He expressed his gratitude that, thanks to the Seoul criminal attorney, the matter had been resolved well.

If you are facing a wrongful fraud charge like the one in this case, 🔗Yongsan Law Firm and other Daeryun Law Firm offices in the Seoul area welcome you.

서울형사변호사 | 서울변호사, 의뢰인 사기혐의 무죄 받아내

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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