Hello. I am Attorney Kim Yae-jin.

​

Today, I would like to introduce a case where I defended a foreign suspect in a fraud case and secured a non-prosecution decision at the police stage.

​

Mr. A is a foreign national residing in the Republic of Korea.

​

Mr. A told the complainant that if they invested funds needed for an import-export business, he would repay the principal plus a margin. The complainant invested funds in Mr. A accordingly. However, the complainant filed a police report accusing Mr. A of fraud, alleging he failed to return the investment.

​

However, for Mr. A to be guilty of fraud under the Criminal Act, he must have had neither the ability nor the intention to return the investment and profits when the complainant invested the funds. Mr. A possessed both the ability and the intention to return the investment and profits.

​

Attorney Kim Yae-jin was appointed as Mr. A's defense counsel. Representing Mr. A, she argued: (1) Mr. A had the ability to return the investment funds at the time of the investment, specifically because he had prior experience in import-export business operations and had generated profits from such ventures; (2) he did not use the investment funds for other purposes but actually purchased goods to export from Korea to foreign countries; (3) the goods did not sell well in the export destination country, resulting in non-receipt of export proceeds and the unavoidable inability to repay the investment to the complainant, and (4) despite this, Mr. A had partially repaid the investment using earned income.

​

As a result of Attorney Kim Yae-jin's arguments as described above, Mr. A received a non-prosecution decision from the police station.

​

If you require assistance with a similar situation, please contact us.

​

Contact Us

Yae-jin Kim, esq.

Phone: 031-217-8579 (Kakao Talk: k.visa)

Email: questions@kvisa.co.kr

Website: en.kvisa.co.kr