Question from a reader:
I was scammed after commissioning a piece of art. I requested a drawing from an artist with about 3000 followers on X, and after paying 35,000 yen in advance, I lost all contact. Since the account is inactive, it seems I am not the only one being ignored. I did not sign a contract, and I only
have the information for the bank transfer. I understand that I also made some mistakes, but is there really no choice but to give up? If I report this to the police, will they take action in this situation? Also, if I consult a lawyer, is there a possibility that they won’t take my case due to insufficient information? I would appreciate any advice you can provide. Thank you.

For Those Who Have Been Scammed While Commissioning Art: Legal Advice

Hello. Today, I have to discuss a somewhat heavy topic, which is the unfortunate experience of “scams.” Recently, I received a consultation from a reader who said, “I was scammed after commissioning a piece of art.” From my own experience in the entertainment industry, I have encountered such troubles more than once. Therefore, this time, I would like to provide advice from a legal perspective based on a specific case.

Background of the Commission

First, let’s reflect on the consultation content. The reader commissioned an artist with 3000 followers, paid 35,000 yen in advance, and then lost all contact. The fact that the account is inactive suggests that you are not the only one being ignored. This is a very painful experience. I have faced similar situations several times, so I understand your feelings well.

Criteria for Recognizing a Scam

Before thinking about scams, it is essential to understand what constitutes a scam in the first place. Legally, a scam is defined as “an act of gaining profit by deceiving others.” In your case, since the artist did not provide the promised work and cut off contact after receiving payment, it could be considered a scam. However, proving a scam requires several elements. 1. Intentional deception: Whether the other party intended to deceive you from the beginning. 2. Victim’s trust: Your trust in the artist and your decision to commission them. 3. Resulting damage: The actual loss of the amount you paid.

Is Giving Up the Only Option?

It is natural to wonder, “Is giving up the only option?” However, that is not necessarily the case. First, reporting to the police is one option. However, whether the police will take action depends on the case. For example, if the amount you lost is relatively small or if the other party cannot be identified, the police may not take it up as a case. Even if the police do not take action, it is still possible to file a civil lawsuit. However, in that case, consulting a lawyer is necessary. A lawyer can analyze your case specifically and advise you on what actions would be effective.

Points to Consider When Consulting a Lawyer

Now, if you are considering consulting a lawyer, there are several points to keep in mind. 1. Organize your information: It is important to organize the information you have (bank transfer details, the background of the commission, communication records, etc.). Without this, it will be difficult for the lawyer to take action. 2. Clarify your consultation content: It is essential to clearly communicate what you are seeking, whether it is a refund or compensation for damages. 3. Compatibility with the lawyer: If you feel that the first lawyer you meet is not a good fit, do not hesitate to consult with other lawyers. It is important to fight alongside someone you can trust.

Conclusion: Take the First Step to Move Forward

Being scammed can be very disheartening. However, doing nothing is not a good strategy. I recommend first consulting the police and then consulting a lawyer. Based on the information you have, there is a possibility that the situation will improve sooner or later. I have also struggled with troubles in the entertainment industry in the past, but taking action opened new paths for me. Follow the path you believe in. And if you engage in art or creative projects again, remember to conduct thorough research and maintain communication. Thank you for reading to the end. If you need any further assistance, please feel free to reach out. I would be happy to help you take a step forward.