Atlas Legal secured a partial acquittal in a real estate fraud case, with KRW 400 million (approximately USD 280,000) in charges dismissed. The Incheon District Court ruled in December 2025 that the prosecution failed to prove the alleged deception beyond reasonable doubt.
Case Overview
The defendant was charged with defrauding the victim of KRW 400 million under the pretense of needing funds for a shopping complex deposit and related expenses. The prosecution alleged fraud totaling KRW 300 million on May 31, 2021, and KRW 100 million on June 1, 2021.
Key Evidence: Deleted Text in Promissory Note
Atlas Legal identified that the typed phrase specifying the loan purpose had been crossed out with a pen, with a stamp placed over the deletion. This evidence demonstrated that the funds were provided without specifying a particular purpose at the time of the loan.
Defense Strategy: Absence of Deceptive Act
The defense argued that the prosecution’s evidence failed to prove beyond reasonable doubt that the defendant made false statements about using the funds for a specific purpose. The existing trust relationship between the parties suggested funds may have been provided without restricting their use.
Court’s Not Guilty Verdict
The Incheon District Court applied the “in dubio pro reo” principle (when in doubt, rule in favor of the defendant), finding that the prosecution failed to prove the alleged deception beyond reasonable doubt. The court rendered a not guilty verdict pursuant to Article 325 of the Criminal Procedure Act.
Legal Expertise
Atlas Legal provides specialized legal services in corporate crime defense, including fraud, embezzlement, and breach of fiduciary duty cases in Songdo, Incheon. The firm’s meticulous evidence analysis in complex real estate fraud cases delivers optimal outcomes for clients.