Case overview
In connection with his business, the client explained to the victim that he needed business funds and that he was profitable and capable of repaying. The client borrowed tens of millions of won from the victim, but was accused of not being able to repay the money at the time.
Case issues
First, whether the fraud was willful. The prosecution argued that the client had no intention or ability to pay from the beginning, while the defense emphasized that the delay in payment was a temporary delay caused by raising funds to expand the business.
Second, restitution and settlement potential: Given the client's criminal history, a settlement with the victim was essential to avoid jail time.
Troubleshooting issues
Ong Kang's defense team developed the following defense strategy:
First, we focused on aggressive settlement mediation with the victim, with ongoing communication between our client and the victim to reach an amicable settlement, which was ultimately successful.
Second, it highlighted the client's genuine remorse: He admitted his crime in court, showed deep remorse, and offered a concrete plan to prevent it from happening again.
Third, he emphasized the need for community service orders, arguing that community service, instead of imprisonment, is more effective in reforming clients.
■ Result
The court sentenced him to eight months in prison, suspended for two years, and ordered him to perform 80 hours of community service, taking into account his admission of the crime and his agreement with the victim.
Although he had a similar criminal history and the amount of the offense was small, the sentence took into account his good faith settlement process with the victim and his sincere remorse.
Case outcome materials
