- My son was arrested by the Ikegami Police Station of the Metropolitan Police Department on suspicion of fraud for having involved in bank transfer fraud as a taker of cash from the victim…
- I severely called for return of money to the other to whom I loaned so that I was arrested for extortion. I am detained in Nerima Police Station of the Metropolitan Police Department…
1. Fraud & Extortion Case
Fraud and extortion are the crime of having another to give his/her property, or obtain an illegal profit, by trick or extortion. Relating to fraud, there are computer fraud (Article 246-2 of the Penal Code) and quasi fraud (Article 248 of the Penal Code).
The statutory penalty of fraud and extortion is imprisonment with work for not more than 10 years. An attempt of fraud and extortion is also punished (Article 250 of the Penal Code).
2. Fraud
Fraud (Article 246 of the Penal Code) is the crime of defrauding another of property such as money, or obtaining an illegal profit by trick. No matter if the third party gained such illegal profit the crime of fraud can be established.
The crime of fraud requires disguising an important fact that other party would not dispose his/her property (ex. not give money or goods) if she/he did not fall into error.
Fraud can be established when the other party disposes his/her property based on the error.
One may be charged with attempted fraud when he/she started defrauding someone to get money but could not get it.
For specific examples of fraud, ordering food and drink at a restaurant without intent to pay, using transportation system without a ticket, change fraud, bank transfer fraud, investment fraud, illicit obtainment of passbook, unauthorized use of a credit card of another, etc.
In case of organizational bank transfer fraud, there are those who participate in bank transfer fraud with a light heart as a taker (ukeko in Japanese) receiving cash from the victim and carrying it, or as a caller (kakeko in Japanese) making a phone call pretending to be kid, banker, civil servant, etc.
However, in recent years toughen punishment for organizational fraud, so that even a taker or caller is arrested or investigated by the police as an accomplice of fraud. Because only imprisonment is set out as the statutory penalty of fraud, one will get into a prison once gets a prison sentence.
3. Computer Fraud
Computer fraud (Article 246-2 of the Penal Code) was newly established in 1987 as a type complementary to a part that fraud can’t sufficiently respond.
Punitive action is divided into two: (1) obtaining a profit by creating a false electromagnetic record; and, (2) obtaining a profit by using unauthorized electromagnetic record.
For concrete examples, a bank officer increases balance in his/her own account in a ledger, one makes payment of charges of a matching site with an ill-gotten credit card, obtains e-money illegally, etc.
4. Extortion
Extortion (Article 249 of the Penal Code) is the crime of extorting another to deliver property, or obtaining or causing another to obtain a profit by extortion.
The perpetrator terrifies the victim, through assault or intimidation, into deliver property such as money or goods.
For a specific example, mug.
Where assault or intimidation by the perpetrator represses resistance of the victim, and the perpetrator robs the victim of property, robbery could be established.
5. Fraud & Extortion and Related Crimes
| Charged Offense | Specific Examples | Penalty |
| Fraud (Art.246) | Crime of defrauding another of property ※ | Imprisonment with work for not more than 10 years |
| Computer Fraud (Art.246-2) |
Crime of obtains or causes another to obtain a profit by inputting false data or giving unauthorized commands to a computer |
|
| Quasi Fraud (Art.248) | Crime of by taking advantage of the insufficiency of consideration of a minor or the mental deficiency of another, causing another to deliver another's property※ |
|
| Extortion (Art.248) | Crime of extorting another to deliver property ※ |
※Fraud, quasi fraud, and extortion can be established even when a person obtains or causes another to obtain a profit by the same means as prescribed in the 1 st paragraph of each article.
~Defense in Fraud & Extortion Case~
1. Defense to Avoid Physical Restraint
In case where the suspect is investigated by the police for fraud or extortion, there is a possibility that the suspect will be arrested.
Once arrested for fraud or extortion, the term of physical restraint may be extended for a long period of time.
A lawyer will defense the suspect to avoid physical restraint such as arrest and detention by accompanying him/her to a police station in surrendering to the police, negotiating with the victim for the out-of-court settlement, etc.
Where the suspect already has arrested or detained, the lawyer will defend to release him/her by persuasively explaining that there is no risk to conceal or destroy evidence, there is no risk to flee because the suspect has a steady job and family.
2. Settle the Case Out of Court in Fraud & Extortion Case
In fraud and extortion case it’s often the case that the perpetrator has a difficulty in negotiating with the victim. It’s because that the victim often has a fear of the perpetrator.
In adds, the police may suspect destruction of evidence or arrest the suspect because that the perpetrator personally talks with the victim could have undue influence on the victim.
3. Obtainment of Decision Not to Prosecute or Acquittal
In fraud case, the matter is whether the perpetrator intended to defraud the victim. In this regard, when it is difficult to determine such intent based on objective evidence, the investigation to extract a confession from the perpetrator is often carried out. In the police questioning, the police sometimes make a written statement against the perpetrator differing the context and nuance that the perpetrator actually spoke.
A lawyer, if the perpetrator consults before questioning, will prevent the police from making such written statement.
You can receive the best advice from lawyers who have rich experience in fraud and extortion case at AICHI Criminal Cases Law Firm. Lawyers specializing in criminal and juvenile cases personally provide with “the free consultation”. In the case of arrested, we also provide for “the first interview service” that our lawyers personally go to interview the suspect under custody, at the shortest on the day when we got a call for the service.
