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Fraud
FraudNon-prosecution

Bundang Attorney Assistance Case | Non-Prosecution for a Client Charged With Fraud

The client of the Bundang attorney faced the risk of criminal punishment for fraud and, seeking to defend against punishment, requested assistance from an attorney in the Bundang area who had handled numerous criminal cases.

1. The Client Who Sought a Bundang Attorney

Daeryun Bundang attorney fraud criminal punishment case study

The client who sought assistance from a Bundang attorney was at risk of criminal punishment for fraud, but through the assistance of an attorney in the Bundang area, the client was able to obtain a non-prosecution decision from the prosecution.

How the Client Came to Be Charged With Fraud

The client of the Bundang attorney was the owner of a business he operated.

However, due to the economic downturn, operating the business became difficult.

To cover company payments that were urgently needed, he borrowed money from an acquaintance.

He told the acquaintance that he would repay it soon, but the situation did not improve, and he was ultimately unable to return the money by the promised date.

The acquaintance filed a criminal complaint against the client for 🔗the crime of fraud, and the client faced the risk of criminal punishment.

The client then requested assistance from the Bundang attorney to defend against criminal punishment.

2. Fraud Explained by a Bundang Attorney

Bundang attorney fraud criminal complaint non-prosecution defense case

If you have become involved in a crime of fraud, as the client of the Bundang attorney had, a prompt response to defend against punishment may be important.

Because a crime of fraud can be established only when its elements are met, verification is necessary.

Elements of Fraud

Under the Criminal Act, fraud is defined as deceiving a person and thereby receiving the delivery of property or obtaining a pecuniary benefit.

Accordingly, for the crime of fraud to be established, there must be 1. an act of deception, and 2. the acquisition of a pecuniary benefit.

Put simply, this can be explained as follows.

① Act of deception

An act of deception, put simply, is conduct intended to deceive another person.

Telling a lie or concealing facts in order to deceive the other party may also fall within this category.

② Pecuniary benefit

Through such fraudulent conduct, there must be a benefit obtained in terms of property.

Penalty Range for Fraud

The penalties for the crime of fraud are as follows.

OffenseDescriptionPenalty
Crime of fraudDeceiving another person to obtain a benefitImprisonment for up to 10 years or a fine of up to 20 million won
Quasi-fraudDeceiving a person with impaired judgment to obtain a benefitImprisonment for up to 10 years or a fine of up to 20 million won
Fraud by use of a computerObtaining a benefit by entering improper commands into a computer or electronic deviceImprisonment for up to 10 years or a fine of up to 20 million won

3. Three Areas of the Attorney's Assistance

The Bundang attorneys, together with attorneys who have extensive practical experience in criminal cases, analyzed the relevant statutes and precedents and established a strategy to assist the client.

They also analyzed the sentencing guidelines to formulate a plan for defending against the client's punishment, and on that basis they appealed for leniency for the client.

The Criminal Attorney's Representation (1): There Was No Act of Deception

The victim claimed that the client deceived him by stating that a large sum of money would soon come in, and that he would repay the principal and interest all at once as soon as the payment arrived.

However, the client contended that the payment matter was true, and that the business had simply been delayed and had not yet been carried out.

Accordingly, we emphasized that the client had no intent to deceive the victim through lies, and that this did not constitute an act of deception.

The Criminal Attorney's Representation (2): An Amicable Settlement Was Reached

The client sincerely apologized for failing to repay the money to the victim within the promised period.

In addition, the parties agreed that the remaining debt would be repaid in fixed monthly installments over a set repayment period.

Accordingly, it was emphasized that the victim has now withdrawn the complaint, and that the client reached an amicable settlement with the victim.

The Criminal Attorney's Representation (3): The Client Is Showing Deep Remorse

The client cooperated faithfully with the police investigation conducted after the incident, and during that investigation pledged to make full repayment to the victim.

The client also submitted a repayment plan setting out the repayment amount and the repayment period at the time of settlement with the victim.

Given that the client held a remorseful attitude toward their conduct and was making efforts to repay, the attorney emphasized that the risk of reoffending was low.

4. Result of the Attorney's Assistance: Non-Prosecution

As a result of the Bundang attorney's assistance to the client, the prosecution rendered a decision of non-prosecution due to insufficient evidence.

The client, who had been prepared for criminal punishment, expressed deep gratitude to the Bundang attorney.

When Charged With Fraud

This was the case of a client who became implicated in a charge of the crime of fraud after failing to repay borrowed money, but was able to receive a decision of non-prosecution through the assistance of a Bundang attorney.

As shown here, the crime of fraud can extend beyond criminal punishment into a civil case, making it a matter that may require an amicable settlement with the victim.

At Daeryun Law Firm, we identify in advance the risk that a case may develop into related proceedings, and we work together with attorneys who have handled numerous civil and criminal cases to promptly assist clients in connected matters as well.

If you have become implicated in the crime of fraud as in this client's case, please request assistance from a Bundang attorney through a 🔗legal consultation appointment.

분당변호사

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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