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Fraud Allegations Based on an Alleged Romantic Relationship — Case Closed Without Prosecution

Fraud Allegations Based on an Alleged Romantic Relationship — Case Closed Without Prosecution

Client Information
Individual / Suspect
 
Case Details

Our client, Ms. A, was a university senior working part-time in the service industry to cover her tuition. Through her work, she came to know a regular customer, Mr. B, and the two began meeting on a regular basis.

The relationship between Ms. A and Mr. B began as a compensated companionship arrangement and did not evolve into an exclusive romantic relationship. Even after they began meeting outside of her workplace, the same compensation arrangement continued, with payments made for time spent together.

Despite this, Mr. B filed a criminal complaint alleging fraud. He claimed that Ms. A had posed as his girlfriend and deceived him into providing living expenses totaling approximately KRW 10 million, on the false promise that she would repay him after finding employment.

Ms. A was blindsided. She had never asked to borrow money, never promised repayment, and had simply received payment at each meeting as agreed. Upon receiving a police summons, she came to DECENT Law Firm for assistance.

디센트 전략
DECENT Law Firm submitted a written legal opinion to the investigative authorities, structured around three key arguments.

▪️Nature of the Relationship
The relationship originated as a compensated companionship arrangement and remained so throughout. The approximately 20-year age gap between the parties, combined with the fact that outside meetings typically took place in group settings with Mr. B's acquaintances, made it clear that this was not a genuine romantic relationship.

▪️Absence of Any Fraudulent Statements
Ms. A never asked Mr. B for a loan, never promised repayment, and never requested financial support for living expenses. There was no loan agreement, no repayment schedule, and no discussion of interest — none of the hallmarks of a genuine lending arrangement were present.

▪️Nature of the Payments
Payments were made on a per-meeting basis, not as a monthly living allowance. Mr. B was fully aware from the beginning that Ms. A was a student without a stable income. Under these circumstances, the payments were consistent with compensation for time spent together, not loans extended in reliance on her ability to repay.
결과
"No-Charge Decision (Case Not Referred to Prosecution)"

Approximately one month after DECENT submitted its legal opinion, the Seoul Gangnam Police Station issued a decision not to refer the case for prosecution.

Investigators found that the payments made by Mr. B appeared to be voluntary, motivated by his desire to maintain the relationship. Investigators found insufficient evidence to establish fraudulent intent or any deceptive conduct aimed at obtaining money.

Ms. A was cleared of all criminal allegations.
#fraud charges no charge decision Korea # criminal defense Korea foreign resident # fraud allegation dismissed Korea # no indictment decision Korean criminal law # DECENT Law Firm fraud defense Seoul

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