Overview of the incident
The client sought to obtain a low-interest loan through a loan shark, who approached the client by saying that he had a "good loan product" and that he could "refinance" the loan, and falsely claimed that he needed a deposit and various fees to proceed with the loan. When the client trusted him and sent the requested amount, the perpetrator continued to ask for additional fees, resulting in tens of millions of won in damages. The client later learned that there were many other victims who were victimized by similar tactics, and sought our help to recover damages.
Case issues
The main issue in this case was whether the perpetrator's offense was a simple fraud or a special fraud offense, especially since the perpetrator used the same scheme against multiple victims, and it was important to prove that the return of money to some victims was a means of deception. In calculating the amount of damages, it was important to clarify the transaction details for each victim and determine how the returned money should be treated.
Assistance from the warm river
We interviewed the client in detail and meticulously analyzed all financial transactions and conversations, especially focusing on proving that the return of some of the money was a means to deceive the victim into committing further crimes. We also collected and organized the cases of other victims who were victimized by similar schemes, and succeeded in proving that the perpetrator's crimes were not simple fraud but violations of the Specific Economic Crimes Aggravated Penalty Act. We worked closely with the prosecution to obtain the indictment and actively represented the victims' interests during the trial.
Results
The court sentenced the sentenced the perpetrator to four years in prisonThe court decided on the severe punishment in light of the fact that the perpetrator's crimes were committed over a long period of time against multiple victims, the large amount of damage caused, and the lack of recovery.
