
Legal Q&A
Q
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Recently, after seeing investment-related information online, I was contacted and told to send money to an account, claiming it would yield returns. At first, because it was a small amount, I did not doubt it, but afterward contact was cut off and I could not get the money back. Does such a case also constitute financial fraud? I am curious whether it is difficult to recover money that has already been transferred, and what measures I should take even now.
financial fraud damage
Answer
Published:
Author : Kuk Il KIM
The situation you inquired about is highly likely to constitute a typical type of financial fraud, and it needs to be distinguished from a mere investment failure.
Financial fraud refers to a case in which money is taken by deception through false information or a deceptive act, and even if the money was transferred in the name of investment, if the other party had no intention or ability to pay returns from the outset, the establishment of the crime of fraud may become an issue.
In particular, the method of approaching through online messengers, SNS, or the telephone to demand investment funds appears very frequently in recent financial fraud cases.
Even if you have already transferred the money, there is no need to give up immediately. Where financial fraud is suspected, it is important to secure as much as possible of the transaction records, the content of text and messenger conversations, and the other party's account information, among other things, first.
After that, if you report the fraud charge to an investigative agency, measures to suspend payments from the account or to trace the funds may proceed, and depending on the case, a civil claim for damages can also be considered.
However, financial fraud has the characteristic that the later the point of response, the more difficult the recovery of funds becomes.
The outcome can vary greatly depending on what evidence is secured in the initial response and how the criminal procedure and the civil procedure are conducted in parallel.
Therefore, if the money has already been transferred or contact with the other party has been cut off, it is safer to entrust the response to financial fraud to an attorney at Daeryun Law LLC and to have everything reviewed at once, from securing initial evidence through a criminal complaint for financial fraud to civil proceedings.

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Kuk Il KIM
T. 070-5117-2950
Experience as Chief Prosecutor at the Seoul High Prosecutors' Office · Attorney Specializing in Criminal Law/Drugs/Intellectual Property

InWon KIM
T. 070-7510-1044
Former Chief Prosecutor [Criminal], Seoul Central District Prosecutors' Office · Attorney Specializing in Criminal Law/DUI Traffic/Accounting Audit/Evidence Examination
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