"Victim's Testimony Lacked Credibility": Prosecution's Supplementary Investigation Brings Justice in Fraud Case Involving Disabled Person

Mr. A Profited After Receiving Victim's Card
Police: "Card Used With Consent," Case Not Referred
Prosecutors Questioned Repayment Ability
Victim Re-Interviewed... Indicted Without Detention

A fraud case that the police had previously closed without referral, citing insufficient credibility in the victim's testimony, was brought to trial after a supplementary investigation by the prosecution. The prosecution confirmed that although the victim was not officially registered as disabled, she had both a mental disorder and borderline intellectual disability, and determined that sufficient procedural protection was necessary during the investigation process.

On the 9th, the National Central Prosecutors' Office's Special Investigation Headquarters for Martial Law summoned and is currently investigating former Special Warfare Commander Kwak Joonggeun, while the Taegeukgi and prosecution flags flutter in the wind in front of the Seoul Central District Prosecutors' Office building. Photo by Huh Younghan

According to the legal community on May 29, the Criminal Division 2 of the Seoul Central District Prosecutors' Office (Chief Prosecutor Lee Juhui) indicted a man in his 60s, referred to as Mr. A, without detention on May 26 on charges of fraud and violation of the Specialized Credit Finance Business Act.

Mr. A is accused of deceiving a female victim in her 60s, Ms. B, who has a mental disorder, in June 2024 by telling her, "If you lend me money for the water bill, I will pay you back," and then obtaining her credit card. He allegedly used the card for 14 transactions totaling 4.62 million won. In addition, Mr. A also allegedly tricked Ms. B by claiming he would return the money if she paid 2 million won, but instead used the amount to pay his own overdue credit card bills, a so-called 'card-kkang' (cash withdrawal using a credit card) method, thereby gaining financial benefit.

Initially, the police decided not to refer the case, concluding there was no criminal charge. They based this on the fact that the victim's statements were unclear and that Ms. B was present when Mr. A used the card, determining that the card was used with her consent. They believed the matter was closer to a civil debt issue than a criminal fraud.

However, the prosecution determined that the investigation into the suspect's repayment ability and intent to defraud was insufficient and requested supplementary investigations on two occasions. The prosecution confirmed that Mr. A had multiple overdue loans at the time of the crime and was financially unable to repay.

The prosecution also reinvestigated the victim. Taking into account that Ms. B was unable to clearly explain the circumstances of the crime due to her disability, the prosecutor appointed a public defender ex officio and obtained more detailed statements from the victim.

Furthermore, in order to ensure Ms. B receives continued protection in future financial management and legal matters, the prosecution also filed for the commencement of a limited guardianship. This was because, during the investigation, it was found that Ms. B had previously taken out loans or suffered investment fraud at the request of people around her.

Prosecutor Sim Kiha, who led the investigation, stated, "Although this is a relatively small-scale case, the prosecution was able to confirm the victim's circumstances and take necessary measures because a supplementary investigation was possible," adding, "Even small cases can provide relief for victims when each one is carefully examined."

This content was produced with the assistance of AI translation services.