Criminal Victim Takes Settlement Money, Doesn't Keep Promise to 'Drop Charges'..."Reversed as Fraudulent...

Lawyer Tong Oh Ki-chan advised Ms. A to submit the written agreement and the fact that she paid the settlement amount to the investigative agency. He explained that if the settlement agreement contains a clause such as 'no civil or criminal objection' and is signed and witnessed, it has a strong legal effect, and in criminal cases, the victim's willingness to not be punished and the fact that he paid the settlement amount will be taken into account in the investigation and trial process. However, Mr. Oh pointed out that the victim's decision to drop the charges is a free act of will, so the agreement alone cannot be used to force the victim to drop the charges. Instead, he recommended preparing for civil proceedings and submitting the settlement agreement and receipts to the investigative agency if necessary, as non-fulfillment of the agreement can be remedied by filing a lawsuit for civil damages, alimony, or return of the settlement amount. Another legal issue is that it is difficult to be recognized in practice because it is necessary to prove the other party's initial deception and intentionality in order to counter-sue for fraud.