Overview
The client was indicted for fraud on the allegation of obtaining investment funds by misrepresenting the client's financial situation and the business's prospects of success, was found guilty at both the trial court and the appellate court, and was in custody.
Jaehoon Lee represented the client in the Supreme Court appeal after two guilty verdicts had already been handed down.
Key Issue
The core issue was whether, when the investment funds were received, the client intended to deceive the other party and obtain the funds, that is, whether there was intent to defraud.
In the appeal to the Supreme Court, it was particularly important to show whether the lower court's judgment contained an error of law.
Work Performed
The business's progress at the time of the investment and the related materials were reviewed again, and the facts and evidence accepted by the lower court were analyzed. The grounds of appeal centered on the point that intent to defraud could not be found.
It was argued before the Supreme Court, with a focus on the law, that the lower court's judgment contained an error of law.
Result
The Supreme Court reversed the lower court's judgment and remanded the case for a new hearing. On remand, the client was acquitted, and the acquittal became final.
The client, who had been in custody, was released after steps concerning detention following the judgment. After the acquittal became final, a claim for criminal compensation was pursued so that the client could also receive compensation for the period of detention.