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Fraud charges filed after borrowing money for business and failing to pay it back

■ Overview of the Case The client was running a business and encountered a shortage of funds in the process of business expansion. The client borrowed funds from an acquaintance, but lost the ability to repay due to business failure and became involved in a legal dispute. The client admitted that his mistake in judgment and management failure caused financial damage to the victim, and he was deeply remorseful and striving to recover the damage. Under these circumstances, the client sought out Ongang Law Firm to resolve the case. ■ Case Issues The key issue in the case was whether the client was guilty of fraud because he expressed his intention to repay the money even though he was unable to do so at the time he borrowed the money from the victim. Ongkang's assistance Ongkang's lawyers carefully analyzed the client's situation and formulated a strategy to resolve the case. First, the client's history of business failure and use of funds to prove that he had no malicious intent to deceive in his relationship with the victim.

An alleged fraudster who invested after being introduced by an acquaintance was accused of defrauding investors.

■ Case Overview The client received a proposal from an acquaintance to invest in stocks and entrusted the investment to an investment professional introduced by the acquaintance, expecting stable and high returns. During the investment process, he was told that his principal and certain returns would be guaranteed, and he made the investment decision. However, due to the deteriorating situation of the investment destination, it became difficult for him to recover his principal as well as the promised returns. As a result, the investors suspected that he had defrauded them of their investment funds and filed a fraudulent complaint. ■ Case Issues 1. Whether the client committed fraud by promising investors guaranteed principal and high returns The investors claimed that the client solicited their investments with the promise of guaranteed principal and high returns, but the client denied making such promises. 2. whether the client personally misappropriated or misappropriated investor funds The complainants alleged that the client personally used the investor funds, but the client denied that the investor funds were used for any

Accused of aiding and abetting fraud when a voicemail victim unknowingly participates in a crime

■ Case Overview This case involves a client who was a victim of a voice-phishing organization and unknowingly received cash from other victims and was suspected of participating in a crime. The client was deceived by people impersonating prosecutors and the Financial Supervisory Service and suffered property damage of approximately KRW 100 million, but was instead investigated as an accomplice in a voice phishing crime. The client was faced with severe mental distress and financial losses and was considering extreme options. ■ Case Issues The key issue in this case was whether the client's participation in the crime was intentional. In particular, whether he fell under Article 34 of the Criminal Code, which states that a person shall not be punished for any act, and whether an act committed while he was impaired by the deception of a voice phishing organization can be recognized as intentional. In addition, whether there was an intention to collaborate, which is a requirement for the establishment of a co-conspirator or abettor, was also an important legal issue. ■

Conspiracy to commit burglary of a late-night residential dwelling for theft of property

■ Case Summary Mr. A and Mr. B were investigated for conspiring to break into the victim's residence at night and steal money. They hoped to reach an amicable settlement with the victim, but faced difficulties in their initial response. ■ Case Issues The main issues in this case were 1) the possibility of recovering damages for the special theft charge, 2) the possibility of leniency considering it was a first-time offense, and 3) whether to reach an amicable settlement with the victim, especially since the victim was demanding severe punishment. Our lawyers conveyed the clients' sincere remorse to the victim and actively mediated to restore the victim's damages. Through multiple interviews with the victim, we negotiated the terms of the settlement, which were realistic in light of the clients' family relationships and economic situation. We also worked to prove the clients' voluntary remorse and willingness to improve during the prosecution's investigation.

Alleged violation of the Foreign Exchange Act due to unregistered and illegal foreign currency transfers while operating a currency exchange office.

The client operated a currency exchange office, but experienced business difficulties due to the COVID-19 pandemic. In this situation, the client conducted a number of foreign currency transactions without registering with the Minister of Economy and Finance, which led to suspicions of violating the Foreign Exchange Transactions Act. In particular, the investigative agency confirmed the client's transaction details during the crackdown on illegal foreign exchange transactions and charged the client with illegal remittance of hundreds of millions of won. In response, the client turned to Ongang Law Firm. ■ Case Issues The key issues in this case were whether the client's conduct was a simple subsistence crime or whether he was engaged in money laundering for serious crimes such as voice phishing. Also, whether the client was aware of his registration obligations under the Foreign Exchange Transactions Act, the degree of intentionality of the crime, and the amount of profit obtained were important issues. Onkang's assistance Onkang's defense team first closely examined the client's motives and circumstances. Business difficulties due to COVID-19

Suspicion of embezzlement of nominal funds for transfer tax payments by a person entrusted with account management

■ Case Overview The defendant was entrusted by the client to manage the account, including the payment of capital gains taxes, and misappropriated the entrusted funds. The defendant withdrew tens of millions of won from the complainant's account in the name of paying capital gains taxes, but the actual amount of taxes paid was much less than that, and the defendant used the remaining amount for personal use. The client approached Ongang Law Firm. ■ Case Issues The key issues in this case were twofold: first, the scope and limits of the delegation of account management, and second, whether the defendants' actions constituted embezzlement. In particular, the existence of the defendants' alleged "implied authorization to use" and the actual use of the funds related to capital gains taxes became important issues. Onkang's defense team took a multifaceted approach to successfully resolve this case. First, we closely analyzed the bank's account transaction details to determine whether the

Allegations of using another person's identity to obtain medical care, psychotropic drugs, and fraud in obtaining insurance benefits

Case Summary The client was accused of using another person's identity to obtain medical care and prescription drugs while seeking psychiatric treatment. Over the course of several months, the client was found to have used another person's social security number to receive medical treatment and prescribed psychotropic medications, and to have fraudulently received insurance benefits from the National Health Insurance Service. The client was deeply troubled when the investigation began and approached Ongang Law Firm. ■ Case Issues The main issues in this case were threefold: first, the client's medical condition and the specificity of his motive for committing the crime; second, sentence adjustment in a situation where multiple crimes were contested; and third, effective guidance to prevent recidivism. In particular, due to the nature of the crime involving psychotropic drugs, the possibility of a prison sentence could not be ruled out, so a therapeutic approach was necessary. The defense team at Onkang Law Firm was able to prove that the client's motive for committing the crime was not just to gain profit.

Alleged fraud due to unreturned security deposits for multifamily rental units

■ Case Overview Our client was engaged in the business of constructing and leasing multifamily housing, and signed lease agreements with tenants and received deposits from them. However, due to unexpected changes in the financial environment and refusal to extend loans, the client was declared bankrupt and was sued for fraud due to the delay in returning the tenants' deposits. The client came to Ongang Law Firm complaining of injustice. Issues in the case 1. Whether there was deceitful behavior for the purpose of extorting security deposits at the time of signing the lease agreement 2. Whether the tenants' security deposits were diverted to other purposes, such as the sale of office buildings 3. Determining the sincerity of the accused's repayment capacity and intention to return the security deposits 4: 1. to prove that the defendant had sufficient repayment capacity at the time of signing the lease, the market value of the property at that time and the loan

Represented a victim of a loan shark's low-interest loan and security deposit extortion scheme.

The client sought to obtain a low-interest loan through a loan broker. The loan broker approached the client, claiming that he had a "good loan product with good conditions" and that he could "refinance the loan," and falsely claimed that a deposit and various fees were required to proceed with the loan. The client trusted the loan broker and sent the requested amount, but the perpetrator continued to demand additional fees, resulting in tens of millions of won in damages. The client later realized that there were many other victims who had been victimized by similar schemes, and sought our help to recover damages. ■ Case Issues The main issue in this case was whether the perpetrator's crime was a simple fraud or a crime of fraud under the Special Fraud Act. In particular, it was important to establish whether the crime of comprehensive fraud was established because the perpetrator used the same method to commit the crime against multiple victims. It was also important to prove that the return of money to some victims was a means of deception. In calculating the amount of damages, it was also important to show that each victim

Investigated for aiding and abetting cell phone scamming and aiding and abetting violations of the Telephone Fraud Restitution Act

■ Case Overview You are a self-employed business owner who has operated a cell phone store and has been doing well. He was investigated by law enforcement for allegedly aiding and abetting a so-called "cell phone scam" criminal organization. Specifically, the investigative agency believed that the client helped to open cell phones for cell phone scammers even though he knew that the cell phones were not for actual use. The client came to Ongang Law Firm with deep remorse for the improper opening of some cell phones in the process of handling the opening business. ■ Case Issues The key issue in this case was whether the client was intentionally aiding and abetting, especially given that only 0.4% of the total number of activations were problematic, that the client had its own management system in place to prevent illegal activations, including a deposit system, and that the client had never been involved in a crime during its decades of business. Assistance from Onkang