A case handled by YUSU Lawfirm. Identifying details have been anonymized.
Case at a Glance
- Matter: Fraud complaint
- Client: Suspect
- Stage: Retained after police referral to prosecutors
- Result: Non-prosecution (insufficient evidence)
The Client's Situation
The client was accused of fraud but believed the case was clearly baseless, so no lawyer was retained at the police stage. The police nevertheless found the charge supported and sent the case to the prosecutor's office. The client retained YUSU Lawfirm at that point, with little time before the charging decision.
Key Legal Issue
It was unclear whether the elements of fraud, deception and a resulting property benefit, were met. The dispute turned on industry practice and how the contract should be read, and this had to be argued before the prosecutor decided whether to indict.
What YUSU Lawfirm Did
Attorney Soobin You first asked the prosecutor to hold off on a decision to secure time. Within two weeks, a first defense opinion was filed identifying open questions in the police investigation, which led to further investigation. A second opinion reflecting those results followed. Relevant case law was researched, and the client was asked to gather specific evidence to confirm the facts.
Result
The prosecutor decided not to prosecute for insufficient evidence.
What This Case Shows
A police referral does not settle the outcome. The prosecution stage is short, so securing time and pointing out what the police did not examine can lead to further investigation. In contract-based disputes, how the contract is read and what is normal in the industry often decide whether fraud is made out.
Related Legal Services
For how we handle this type of matter, see Fraud Defense. More outcomes are collected in our Case Results.
Related cases and guides
Facing a similar legal issue in Korea? Tell us what happened and our legal team will review it. Every case turns on its own facts, and this result does not guarantee a similar outcome.