Kim & Hyun · Main website ↗Real estate & construction한국어

REAL ESTATE & CONSTRUCTION / SEOUL

Property-related criminal complaints and investigation defense

An unpaid debt or failed property contract does not by itself establish fraud, embezzlement or breach of trust. The statements, knowledge, role and movement of funds at the relevant time must be examined. Civil recovery needs its own plan.

What needs attention first?

This checklist suggests a review priority, not the likelihood of winning. Answers stay in this page and are not submitted.

Is the same property or investment still being offered to others?
Could original advertisements, messages or recordings be deleted?
Are property or funds being transferred to someone else?
Have you received notice of an interview, search or complaint?
Is the chronology of statements and payments still unclear?

For a complainant: connect the representation to the transaction

Identify the specific alleged false statement or concealment, why it mattered to the decision to contract or transfer property, and the resulting benefit. Preserve original advertisements, complete conversations, contracts, title information and payment records.

For a suspect: explain the position at the time

Review what was disclosed, the intention and ability to perform, actual business steps, the person’s role and the use of funds. Later failure alone should not be substituted for evidence of the required intent at the relevant time.

Prepare before an interview

Identify the allegations and the documents already submitted. Arrange the chronology and original records, and distinguish remembered facts from assumptions. Do not alter messages, recordings or records to support an account.

Plan civil preservation separately

A criminal complaint does not automatically recover losses. A civil repayment, cancellation or damages claim, and appropriate interim measures, may need separate consideration. Conversely, a civil breach does not necessarily establish a crime.

Avoid deciding the offence from the transaction label

Double sales and title-trust arrangements raise different questions depending on the stage of performance, parties’ positions, registration and conduct. The name given to the dispute is not enough to determine criminal responsibility.

Questions clients ask

Is failure to return a deposit necessarily fraud?

No. Examine the alleged deception, intent and resulting disposal of property at the relevant time, alongside any civil repayment claim.

Is listing more offences helpful?

The evidence supporting each offence matters more than the number of offence labels.

Will a complaint secure repayment?

Repayment and criminal proceedings have different purposes. Consider civil preservation and enforcement separately.

What happens when you contact us?

  1. Initial consultation. Explain your concern, deadlines and desired outcome.
  2. Document review. We identify the records available and the facts requiring proof.
  3. Strategy and engagement. Confirm the scope, responsible lawyer, initial fee, any applicable success fee and separate expenses before proceeding.
  4. Applications and submissions. Prepare the agreed documents and explain what each seeks to achieve.
  5. Hearings and responses. Review new evidence and the other party’s position as the matter progresses.
  6. Outcome and next steps. Explain the decision, any appeal deadline and whether enforcement or further action is needed.

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Start with the documents and the next deadline.

Tell us whether the immediate concern is the site, assets or an investigation.

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