Jeonju Fraud Attorney | Assisting a Client in a Fraud Case Related to a Property Sales Agency, Resulting in an Acquittal

🔗The crime of fraud is an offense of deceiving another person to obtain a financial benefit, or to have a third party obtain a benefit, and thereby causing loss to the other party.

In other words, it means taking another person's money or property through lies or deception.

If the crime of fraud is established, a person may face imprisonment for up to 10 years or a fine of up to 20 million won under the Criminal Act.

If the gain from the fraud is 500 million won or more, the person is subject to aggravated punishment under the 'Act on Aggravated Punishment of Specific Economic Crimes.'

An important element of the crime of fraud is 'deceptive conduct.'

For the crime to be established, there must be conduct that deceives the other party, the other party must be led into a mistake by this deceptive conduct, financial harm must occur, and there must be intent or purpose.

The Jeonju attorney explained the circumstances of the case, arguing that, although the client became involved in the matter unintentionally, the client deeply regrets his own fault and mistake.

While working as a licensed real estate agent in the Jeonju area, the client met A, who is being tried together in the same case.

A was carrying out land acquisition work as part of a 🔗regional housing association business, and was looking for a licensed real estate agent to broker the related transactions.

A said that, in recruiting members for the regional housing association, there were many brokerage assistants who were not affiliated with a brokerage office and therefore did not hold a business registration, and asked the client to allow brokerage commissions to be paid using the client's business registration.

The client knew that regional housing associations use many brokerage assistants to recruit members, and so, considering that it would not be a significant problem, agreed to this.

Afterward, however, the client felt uneasy about lending the name, expressed an intention not to be involved any further, and sent all of the commissions deposited to him to A.

As a licensed real estate agent carrying out a regional housing association project, the client was well aware that many brokerage assistants were mobilized when recruiting association members.

The client was also well aware that, among the brokerage assistants mobilized for recruiting members, those without any affiliation had difficulty receiving brokerage commissions.

The Jeonju attorney explained that, in this situation, the client had merely agreed to claim the commissions as if the client had performed the brokerage work, for the purpose of helping the unaffiliated brokerage assistants receive fair compensation.

The client obtained no gain whatsoever from involvement in this crime of fraud.

The Jeonju attorney requested leniency, emphasizing that the client had no intention at all of obtaining profit and became involved merely by way of cooperation.