Tongyeong Law Office Assistance Case | Securing a Suspended Sentence by Assisting a Client in a Real Estate Fraud Case

The client is the operator of a stock company established for purposes including the real estate trading business.

The client introduced real estate to the victim and told the victim to purchase it, saying it was land with high development potential.

The victim then transferred money to the client.

However, the real estate was in fact a *reserved forest land with low development potential, and it could be purchased at a price far lower than what the client had stated.

Ultimately, the client, who deceived the victim and obtained money, was charged with fraud and requested assistance from the Tongyeong law office.

*Reserved forest land refers to an area used to protect and foster forestry and forests.

The Tongyeong law office explained the 🔗crime of fraud.

■ Article 347 of the Criminal Act

A person who deceives another and obtains property or pecuniary benefit may be punished by imprisonment for not more than ten years or by a fine not exceeding twenty million won.

The same punishment applies to a person who, by such means, causes a third party to receive property or to obtain pecuniary benefit.

■ Article 351 of the Criminal Act (Habitual Offenders)

A person who habitually commits an offense under Article 347 through the preceding Article shall have the punishment prescribed for that offense increased by up to one half.

■ Article 3 of the Act on Aggravated Punishment of Specific Economic Crimes (Aggravated Punishment of Specific Property Crimes)

(1) A person who commits an offense under Article 347 (Fraud), Article 347-2 (Fraud by Use of a Computer), or Article 351 (limited to habitual offenders under Articles 347 and 347-2) of the Criminal Act shall, where the value of the property or pecuniary benefit obtained through the criminal act, or obtained by a third party (hereinafter in this Article referred to as the “amount of profit”), is five hundred million won or more, be subject to aggravated punishment according to the following classifications.

※ Elements of the crime of fraud
The elements of the crime of fraud are as follows.
1. An act of deceiving the other party
2. The other party's mistaken belief caused by the deceptive act
3. The presence of intent or purpose
4. An act of disposing of property by the other party who fell into a mistaken belief
5. The deceiver or a third party receiving property or obtaining pecuniary benefit

*As this may differ depending on individual circumstances, please seek a 🔗legal consultation with an attorney.

The client is remorseful for having harmed the victim through misguided thinking.

The Tongyeong law office argued that the client apologized to the victim and was making efforts to help the victim recover from the harm.

The client's coworkers, who heard about the client's situation, stated that the client leads a diligent social life.

The Tongyeong law office argued that the client's coworkers earnestly pleaded for leniency toward the client.

The client's family is in a difficult economic situation.

The Tongyeong law office emphasized that, if the client received an actual sentence, the client would be unable to provide for the family's livelihood.

The client was able to receive a suspended sentence on the fraud charge.

The Tongyeong attorney develops client-tailored solutions through in-person meetings and real-time video conferences with attorneys in all regions.

If you have been charged with fraud, please feel free to request assistance from a 🔗Tongyeong attorney at any time.