Civil Action for Damages | Helping a Fraud Victim Succeed in a Civil Claim for Approximately KRW 100 Million in Damages

When a person has been defrauded, the reason for securing a title for execution through an 🔗action for damages is that a favorable judgment in a civil suit confers a legally enforceable right.

A title for execution serves as the basis for compulsory execution through legal procedures if the perpetrator does not voluntarily make monetary compensation to the victim.

Specifically, once the court determines the amount of damages through a civil suit and issues a judgment to that effect, the victim may use that judgment as a title for execution to request compulsory execution against the perpetrator's property.

To pursue a claim for damages for harm caused by 🔗the crime of fraud as described above, the following elements must be objectively proven.

• Intent or negligence in the perpetrator's conduct
• Illegality of the perpetrator's conduct
• Occurrence of loss to the victim
• A causal link between the perpetrator's conduct and the victim's loss

The defendants were a professional investment-leading fraud ring, a sophisticated criminal organization that had set up fraudulent investment websites for stocks, Bitcoin, and the like.

They then lured in numerous victims, including the client, posing as investment experts, signed them up for fraudulent investment websites, and misappropriated their investment funds by deceiving them into believing they could earn high returns.

As a result, the defendants had been sentenced to imprisonment on charges including aiding and abetting a violation of the Act on the Regulation of Conducting Fund-Raising Business Without Permission, aiding and abetting a violation of the Special Act on Telecommunications-based Financial Fraud, and a violation of the Electronic Financial Transactions Act.

The attorney argued that it was clear the defendants' tortious acts had caused losses exceeding KRW 1 billion to approximately 30 people, including the client, and that they were obligated to pay the amount of loss the client had sustained as a result of the offenses.

Reference: Supreme Court Decision dated May 22, 1992, 91Da37960

According to this precedent, although a civil court is not bound by the facts found in a criminal trial, the facts found in a related criminal judgment that has already become final may be regarded as strong evidence, absent special circumstances.

That said, you may still suffer harm from unauthorized fund-raising fraud even after becoming familiar with these preventive measures.

Suffering harm from fraud is never the victim's fault.

Rather than hiding the harm or trying to resolve it alone while suffering in silence, in such cases you should consult an attorney right away.

The earlier you receive assistance from a legal professional after the harm occurs, the greater the likelihood of recovery. The attorneys at Daeryun will stand by your side until your losses are recovered.