Defended with Not Referred to Prosecution at the Police Stage

The clients had no intention or ability to repay the investment principal and profits, yet they deceived the complainant into providing investment funds, and because the use of those funds was unclear, the complainant filed a complaint against them, and they came under Police Investigation on suspicion of fraud.

As soon as LEAP took on this case, we established a strategy for how to respond through an in-depth analysis of the entire factual background.

LEAP argued that the client had intended to make the business succeed but ultimately failed, and that this did not amount to investment fraud, and by clarifying how the client used the investment funds, sought to exclude the entire fraud allegation against the client from this case.

As soon as we at LEAP took on the case, we began with a microscopic analysis of the entire case based on LEAP's own know-how.

First, we clarified how the investment funds were used, and looked for elements that could refute the fraud allegation itself by emphasizing that, although not affluent, the client had both the intention and the ability to repay at the time the investment funds were raised.

Next, we focused on the fact that the business failure was not solely the client's fault, but that the investors who had originally agreed to invest kept delaying their investment due to COVID-19, which hindered the smooth progress of the business.

Finally, through LEAP's own data analysis system, we selected materials proving the use of the investment funds from among the client's numerous account transfer records and KakaoTalk conversations, enabling the client to be cleared of the fraud allegation.

Based on LEAP's sincere efforts to help the client and its optimal strategy, we established that the client's conduct did not even constitute fraud, and by defending against the complainant's allegations with LEAP's unique know-how, we secured a decision of Not Referred to Prosecution at the police stage regarding the fraud allegation.

In fraud cases, the intensity of investigation and the severity of punishment are increasingly rising, and the statutory penalty is also high for this type of crime.

In this case, the LEAP attorneys made every effort solely to defend the client, and through LEAP's differentiated strategy and response, we were able to obtain the best possible outcome—a decision of Not Referred to Prosecution at the police stage.

In fraud cases, only a thorough analysis of the case and a strategic response can lead to the best outcome and a swift resolution of the case.

The outcome can change entirely depending on who you work with and how you respond from the outset of the case, so we recommend seeking the assistance of a LEAP attorney with a proven track record of success in similar cases.