
Legal Q&A
Q
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I was defrauded of 350 million won in a jeonse (lump-sum lease deposit) fraud. At the time of the contract, the landlord clearly said they would of course return the money and that I should not worry about not getting it back, and this was clearly recorded. I even have the recording. However, as the contract expiration date approached and I asked for the money back, the landlord brazenly claimed they never said such a thing and that they cannot return the money. Can I file a criminal complaint for fraud in this case? How much is the attorney's fee to file a criminal complaint for fraud?
Crime of fraud
Criminal complaint for fraud
Answer
Published:
Author : DongIl PARK
Hello. This is Daeryun Law LLC.
In practice, if it is a matter in which the crime of fraud against the lessor is recognized, we recommend proceeding with a criminal complaint for fraud together, rather than a civil lawsuit alone.
The crime of fraud is established when a person deceives another to receive the delivery of property or to obtain a pecuniary benefit, so if you have suffered jeonse fraud, you must establish the lessor's act of deception.
As you have asked, it is possible to proceed with a criminal complaint for fraud regarding the jeonse deposit, but as mentioned earlier, it is important to properly specify the act of deception.
This is because, if the charge against the suspect is recognized through a criminal complaint for fraud, you can obtain not only criminal punishment but also, through an application for a compensation order, the return of the deposit you lost.
To prove the act of deception, you can present the facts as evidence through the lease agreement, conversation records, account details, and the like.
If the compensation order is dismissed or you do not receive the full amount, you can proceed more advantageously with civil procedures such as a deposit return lawsuit, based on the fact that a guilty verdict was rendered.
If you have suffered jeonse fraud and do not know where to begin responding, seeking advice from a fraud attorney is also a good approach.
Since this is a matter in which a prompt initial response is important, if you need assistance with a criminal complaint for fraud, we recommend that you request assistance from a fraud criminal-complaint attorney who can handle both civil and criminal procedures at once.

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DongIl PARK
T. 070-5221-3616
Attorney Qualified as a Foreign Legal Consultant in Singapore · International Litigation/School Violence/Evidence Investigation Law Attorney

JungKyu Park
T. 070-7510-2014
Experience as Head of the Chungju Branch of the Cheongju District Court (Criminal Panel) · Construction/Drunk-Driving Traffic/Civil/Medical Law Attorney

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

YoungKon CHO
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Experience as Head of the Seoul Central District Prosecutors' Office · Attorney Specializing in Criminal Law/Sex Crimes/Drugs
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