“Hwang Hee-chan received 42 supercars but failed to fulfill promotional obligations” ... Faces a fraud complaint

[Financial News] With national team soccer player Hwang Hee-chan facing a fraud complaint from a supercar subscription platform company, the key questions are whether he intended to fulfill his promotional obligations when he signed the contract and whether he deceived the other party.
On the 1st, Daehan Jungang TV Law Firm reviewed both sides’ claims in a YouTube broadcast.
Bana, the supercar subscription platform company, claimed that it provided Hwang with a total of 42 vehicles over approximately 15 months, but that he never once carried out the social media (SNS) promotion required under the contract. It added that demands for specific high-end vehicles, frequent vehicle changes, vehicle damage, and advertising production costs had caused substantial losses.
Hwang’s side has flatly denied the allegations raised earlier and is countering them by claiming that his likeness was used without authorization after the contract ended.
In the earlier case involving a complaint for obstruction of business, the police decided not to refer the case to prosecutors due to insufficient evidence. Bana has challenged that decision by filing an objection.
However, the current fraud complaint was filed separately from the earlier case, so its outcome cannot be predicted based solely on the previous decision not to refer the case to prosecutors. For fraud to be established, there must be a deceptive act that tricks the other party, causing them to act under a mistaken belief and dispose of property.
The perpetrator must also have intended to obtain a financial benefit. Therefore, the mere fact that someone failed to fulfill a contractual obligation is generally not enough to constitute criminal fraud.
Researcher Park Se-jeong of Daehan Jungang TV Law Firm explained, “If Hwang had no intention of fulfilling his promotional obligations from the outset when he received the vehicles, but deceived Bana into providing them by making it seem as though he would fulfill those obligations, fraud could be established. However, if he genuinely intended to carry out the promotion when the contract was made but was unable to keep that commitment due to subsequent circumstances, that would constitute a civil breach of contract and would not be subject to criminal punishment.”
The dispute over the use of Hwang’s likeness is also continuing. His side claims that his likeness was used without authorization after the contract ended, while Bana says it obtained permission to use photos on its website shortly before the contract ended.
On this point, Researcher Park said, “Consent to use a particular photo on a website does not mean it can be used across all advertising media without time limits,” adding, “The scope, duration, and purpose of the permission need to be carefully verified.”
[email protected] Ahn Ga-eul Reporter