Case of Assistance by an Attorney Handling Jeonse Fraud Cases | Victim of Lease Deposit Loss as Complainant, Public Prosecution Instituted

An attorney handling fraud cases will briefly explain the legal elements of the crime of fraud and the severity of its punishment.

The crime of fraud refers to a crime of deceiving another person and thereby receiving property or obtaining a pecuniary benefit.

Here, the most important matter is whether there was a ‘fraudulent act’ on the part of the other party.

For the crime of fraud to be established, there must be a fraudulent act in which the offender states a false fact in order to deceive another person or, conversely, conceals an important fact.

In this case as well, because the accused repeatedly made reassuring statements that differed from the facts, saying that ‘it is fine even though there is a mortgage to secure a maximum amount,’ thereby deceiving the client and obtaining the deposit, it was determined that a fraudulent act, the core element of the crime of fraud, was established.

Supreme Court Decision of February 22, 1983, 82Do3139

In addition, as held in the above precedent, even if no actual financial harm occurs, the crime of fraud may be established if there was a fraudulent act intended to obtain a pecuniary benefit.

A person who has committed the crime of fraud is subject to the following punishment under Article 347 of the Criminal Act.

At the time of the lease agreement, a high-value mortgage to secure maximum amount of approximately 1.5 billion won had already been established.

Nevertheless, the accused repeatedly told the client that there was “nothing to worry about” and induced the client to enter into the agreement.

By emphasizing that an auction proceeded immediately thereafter, the deceptive conduct of the other party was established.

The deposit of 63 million won was effectively the client's entire assets.

The attorney handling fraud cases emphasized this point and highlighted that the foundation of the victim's livelihood had collapsed as a result of the accused's fraudulent conduct, assisting the investigative authorities in recognizing the seriousness of the case.

The attorney handling fraud cases organized the above facts together with supporting materials and prepared and submitted the complaint.

In addition, during the examination of the complainant, the seriousness of the matter and the circumstances of the harm were thoroughly explained.

If you have been the victim of deposit fraud, promptly securing materials that prove the harm and strategically preparing the complaint are key to obtaining a favorable result in the subsequent civil and criminal proceedings.

Drawing on its experience and know-how in handling various real estate and jeonse fraud cases, Daeryun Law Firm provides one-stop support, from a complaint strategy suited to the client's situation to a claim for damages, through a system that assigns a dedicated attorney to each case.

If you wish to proceed with criminal proceedings due to harm from deposit fraud, please 🔗schedule a legal consultation and entrust your case to us.