Busan Law Firm Assistance | Assisting a Client in a Crime of Fraud Case to Obtain a Suspended Sentence

The client came to know a real estate consultant through an acquaintance.

The real estate operator recommended the leasing business to the client.

Following the real estate operator's advice, the client engaged in the leasing business and purchased several officetels.

The real estate operator told the client that there was a way to obtain a jeonse-deposit loan, saying that if the client merely affixed the landlord's seal, the operator would obtain the loan.

Accordingly, the client took on the role of a false landlord and prepared a lease agreement, and a false tenant submitted it to the bank, after which they divided the loan proceeds they received.

Ultimately, the client, who was charged with fraud and attempted fraud, requested the assistance of the Busan law firm to defend against punishment.

The Busan law firm explained the 🔗crime of fraud.

The crime of fraud is

an offense committed by deceiving a person and taking property, obtaining an unlawful pecuniary benefit, or causing a third party to obtain such a benefit.

The crime of fraud may be punished by imprisonment for not more than 10 years or by a fine not exceeding 20 million won.

If the amount of benefit is 500 million won or more, aggravated punishment is imposed under the Act on Aggravated Punishment of Specific Economic Crimes.

-If the amount of benefit is 500 million won or more but less than 5 billion won, imprisonment for a definite term of at least three years
-If the amount of benefit is 5 billion won or more, life imprisonment or imprisonment for a definite term of at least five years
-In addition, a fine equivalent to or less than the amount of benefit may be imposed concurrently.

■ Elements of the crime of fraud
The crime of fraud is committed only when all of the following elements are satisfied.
1. There must be an act of deceiving the other party.
2. The other party must fall into a mistake because of the deceptive act.
3. Property damage must occur, and an intent to unlawfully obtain property must appear.
4. There must be intent or purpose.

The Busan law firm explained the issues in the case.

The client exploited a loophole in the jeonse and monthly-rent deposit loan system to deceive a financial company and defraud the loan proceeds.

The Busan attorney reviewed the client's case and sought to assert grounds for sentencing on the crime of fraud.

After analyzing the case as above, the attorney selected grounds for sentencing favorable to the client and asserted them.

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

At the Busan law firm, the Busan attorney calculated the amount of benefit the client obtained through the fraudulent act.

The attorney then argued that the client's amount of benefit was comparatively minor.

The client had lived as an ordinary member of society.

The Busan law firm argued that the client had no criminal record, including no record of the same type of offense.

The client regretted the offense, saying that he had made a very foolish decision.

The Busan law firm emphasized that the client had pledged never to reoffend.

The client was charged with fraud and attempted fraud, but was able to receive a suspended sentence through the assistance of the Busan attorney.

The crime of fraud may be subject to aggravated punishment depending on the amount of benefit, and even if you merely took part, responding alone may make it difficult to avoid punishment.

At Daeryun, we assist clients by handling such tasks as submitting defense counsel's opinions and attached materials at the criminal stage of a fraud case, conducting prior review and simulation for investigative agency questioning, handling settlements with victims, carrying out criminal deposit procedures, responding to claims for damages, and representing clients in filing fraud complaints.

If you are implicated in the crime of fraud, please request the assistance of a 🔗Busan attorney at any time.