Fraudster Who Posed as Wealthy and Well-Educated to Marry: His Excuse After Being Exposed

Claimed Exemption for Crimes Among Relatives
Court: "Fraudulent Marriage Not Covered by the Provision"

A convicted fraudster who committed a "fraudulent marriage" by deceiving their partner about their academic background and financial status, extorted hundreds of millions of won, and then attempted to evade punishment by invoking the "special exemption for crimes among relatives" has been sentenced to prison.

According to Yonhap News Agency on January 17, the Criminal Division 2 of the Chuncheon District Court (Presiding Judge Kim Seongrae) dismissed the appeal filed by Mr. A (41), who was indicted on fraud charges, and upheld the original sentence of four years and six months in prison.

Mr. A was brought to trial on charges of defrauding Mr. B, whom he registered a marriage with in May 2024, of approximately 200 million won under the pretense of motel interior construction costs, and embezzling a total of over 460 million won in 26 separate instances from May to July of that year. Investigations revealed that Mr. A had visited the bar operated by Mr. B several times, claiming to have "graduated from a prestigious university," "worked at a major corporation and is now engaged in arcade machine leasing and money lending," "purchased and is living in an apartment with cash," and "plans to acquire a motel," thereby posing as a highly educated and wealthy individual. However, all of these claims were false, and Mr. A was a repeat offender with multiple prior convictions for fraud.

When borrowing money, Mr. A deceived Mr. B, who requested a promissory note, by saying, "If I run away, it won't matter, so if you register a marriage with me, I will transfer the motel ownership to you after construction is complete," and proceeded to register the marriage. After learning the truth, Mr. B filed a complaint, leading Mr. A to appear in court. Mr. A argued, "Even if there were some lies, they were merely out of a desire to appear attractive to the victim, not with the intent to commit fraud." He also claimed that, as they were legally married on May 30, 2024, and given the Constitutional Court's June 27, 2024 decision that the Criminal Act's special exemption for crimes among relatives was unconstitutional, any offenses committed before that date could not be punished.

However, the court of first instance ruled that the marriage itself was "invalid." The court found that Mr. A registered the marriage solely to commit fraud against Mr. B, and it was difficult to see any genuine intent to form a marital union. The court cited as grounds the fact that Mr. A concealed his recent release from prison, lied about his assets, occupation, income, and education, extorted nearly 200 million won within two months of marriage registration, and that there was no wedding, honeymoon, or even a shared household on the resident registration.

Based on Supreme Court precedent that the special exemption for crimes among relatives does not apply in cases of fraudulent marriages where the marriage is invalid, the first trial found Mr. A guilty on all counts. The court stated, "The victim suffered not only severe financial loss due to the defendant's actions, but also significant mental and financial harm from having to pursue legal procedures such as a lawsuit for marriage annulment." The court added, "Mr. A responded to the victim's legitimate repayment requests with insults and mockery, denied most of the charges in court, and showed no signs of remorse or seeking forgiveness," explaining the reasons for sentencing.

Dissatisfied with the verdict, Mr. A appealed and reiterated the same arguments in the appellate court. However, the appellate court found no factual or legal errors in the original judgment and, noting there were no changes in circumstances to affect the sentencing, dismissed Mr. A's appeal.