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2 places including Edaily
2024-07-15
대륜, 마약수사 전담 부장검사 출신 김철 변호사 영입
Daeryun recruits lawyer Kim Cheol, former chief prosecutor in charge of drug investigation
Daeryun Law Firm announced on the 15th that it has recruited lawyer Kim Cheol (60, 24th class), a former chief prosecutor, who is expected to strengthen the capabilities of the detective group by taking charge of drug and violent crime investigations. After being appointed as a prosecutor at the Northern Branch of the Seoul District Prosecutors' Office in 1999, Attorney Kim Cheol worked at the Gwangju District Prosecutors' Office and the Incheon District Prosecutors' Office, and served as the Chief Prosecutor of the Busan District Prosecutors' Trial Department and the Chief Prosecutor of the Gwangju District Prosecutor's Office. While serving as a prosecutor, he led the investigation of various cases, including a defamation case related to Lee Jung-seop's forgery and a low-interest private loan fraud case worth tens of billions of won. In particular, he conducted drug investigations while working at the Gwangju District Prosecutors' Office, Busan District Prosecutors' Office, and Seoul Central District Prosecutors' Office. He was active in a dedicated department and was also in charge of drug-related investigations, including the case of smuggling 10 kg of Philopon. Even after taking off his judicial uniform in 2012, he took on many complex criminal cases, including sexual crimes, breach of trust, and aiding and abetting fraud, and obtained not guilty verdicts from the court. Currently, he serves as a supervisory member of the Saemaeul Geumgo Federation and an auditor at Star Vision Co., Ltd., providing legal advice to related companies in a wide range of fields. Gwangju Prosecutor's Office, Gwangju Prosecutor's Office, Gwangju Prosecutor's Office Attorney Kim, who served as a prosecutor at the Haenam Branch, plans to take charge of criminal cases in the Honam region at the Gwangju headquarters of Daeryun Law Firm. Attorney Kim said, “Recently, the types of crimes have become more diverse and their methods have become more sophisticated, so a professional response is essential.” He added, “The number of cases, especially in the case of drug crimes, is rapidly increasing every year, and I will do my best to assist my clients by utilizing my long experience in drug investigation.” said Kuk-il Kim, CEO of Daeryun Law Firm. “Daeryun’s criminal group has become even stronger with the addition of attorney Kim Cheol, who has extensive practical experience,” he said. “We will strive to recruit professional talent so that clients who visit Daeryun can receive higher quality legal services.” Daeryun Law Firm established a separate ‘Investigation Response Team’ within the existing criminal group early this year to strengthen its criminal case capabilities. We are providing premium legal services by continuously strengthening the ‘Evidence Investigation, Digital Forensics, and Security Group’ to collect and analyze evidence. [View full article] Edaily - Daeryun recruits lawyer Kim Cheol, a former chief prosecutor dedicated to drug investigations (Go to the link) Lo Issue - Daeryun Law Firm (Lihan) recruits lawyer Kim Cheol, a former chief prosecutor to the drug investigation (Go to the link)
2 places including The Fact
2024-07-14
법무법인 대륜, 숙박플랫폼 불공정 환불 정책 피해자 집단소송 돌입
Daeryun Law Firm initiates class action lawsuit against victims of unfair refund policy of accommodation platform
Daeryun receives a decision to temporarily seize bonds in a lawsuit requesting refund of accommodation fees. A lodging platform that was sued for failing to cancel reservations on the same day received a decision to seize the bonds. Daeryun Law Firm (Limited) announced on the 12th that it would recruit affected consumers and file a class action lawsuit. Recently, online communities and social media requested a refund because the quality was significantly lower than the accommodations booked, but the lodging platform cited internal regulations. Complaints such as refusal of refunds are increasing one after another. Daeryun pointed out that “even though consumers have expressed their intention to withdraw their subscription within a legal period, the damage is growing uncontrollably due to the accommodation platform that has a non-refundable policy.” The legal community is arguing that the accommodation platform only acted as an intermediary and is not a party to the contract, so it is not subject to the application of the Act on Regulation of Terms and Conditions (Terms and Conditions Act), and the accommodation company is also not a party to the contract. However, Daeryun said, "The number of victims is continuing to increase. We are currently receiving a flood of inquiries from consumers who have been harmed in similar cases. We are preparing a class action lawsuit to claim compensation for damages as well as refunds of lodging expenses. The results of the lodging fee refund lawsuit that we started will be the first step in class action lawsuits to be filed in the future." Daeryun argued that “the accommodation platform’s refund policy violates a number of laws, including the Electronic Commerce Act and the Terms and Conditions Act,” and that “the damaged consumer’s claim for the return of unfair profits is a legitimate request, and the refund policy can be considered invalid.”  [Read the full article] The Fact - Daeryun Law Firm initiates class action lawsuit for victims of unfair refund policy of accommodation platform (Go here) Law Leader - Daeryun Law Firm invites class action lawsuit for victims of unfair refund policy of accommodation platform (Go here)
Sports Seoul
2024-07-12
근로자 추락 사망…양벌규정으로 재판받았으나 공공기관 관계자 무죄
Worker falls to death... Tried under dual punishment provisions, but public institution official acquitted
A worker who was inspecting a gas pipe in an underground machine room was found not guilty by the fall death court, saying, "There is no evidence of work instructions or neglect without safety measures... acquitted." Public institution officials indicted in an accident in which a worker died after falling while inspecting a gas pipe in an underground machine room were found not guilty on charges such as manslaughter due to occupational negligence. On May 22, the Western Branch of the Busan District Court (Presiding Judge Soo-hong Kim) was found guilty of violating the Occupational Safety and Health Act and causing manslaughter due to occupational negligence. A public institution under the Ministry of Patriots and Veterans Affairs and Mr. B, the manager of the management department, who were handed over to trial, were found not guilty. Mr. C, the person in charge of the facility who was indicted on the same charge, was sentenced to 6 months in prison, 2 years of probation, and 40 hours of community service. Previously, in July 2021, worker D fell in the machine room on the first basement floor of a hospital in Busan in the process of inspecting and working on a problem with a nitrogen gas pipe. He was later taken to the hospital and received treatment, but died. The incident occurred at the Busan branch of public institution A, but was prosecuted under the dual punishment rule. The dual penalty provision is a system that punishes the offender and holds the corporation or individual responsible when a representative or executive or employee violates the law. The court stated the reason for the acquittal, saying, “There is no evidence to suggest that the defendants, public institution A and Mr. B, were in charge of administrative work and instructed or neglected to work without taking safety measures.” It added, “Mr. C, the person in charge of the facility, is a practitioner who directly manages and supervises the work, and should be seen as a professional negligence for failing to take necessary safety measures.” The defendant added. Daeryun Law Firm (Liuhan), which served as legal representative, said, “A violation of the Occupational Safety and Health Act applies when the business owner or actor orders work without taking safety measures in relation to work with safety risks stipulated by law at the workplace, or neglects the work while knowing that work is being done without safety measures in place,” adding, “Defendant B, as an administrative officer, did not know the specific work of the machine room. The work log was also written in a formal way, and there was no evidence to suggest that he was aware of this.” Accordingly, the Corporation also came to the conclusion that punishment is not possible under the dual punishment provisions,” he explained. He also said, “It cannot be said that there was a specific and direct violation of the duty of care by the defendant, Mr. C, such as ordering the victim to exclude himself from work due to safety issues, and an agreement was reached with the bereaved family, so they do not want to be punished.” Meanwhile, the Act on Punishment for Serious Accidents, etc. stipulates the punishment of business owners, management managers, corporations, etc. who violate the duty of safety measures under the Occupational Safety and Health Act and causes serious accidents, starting this year. It was also implemented in workplaces with fewer than 50 employees. If a serious accident occurs due to failure to fulfill obligations, the business owner or manager may be subject to imprisonment for more than one year or a fine of up to 1 billion won. Corporations can also be fined up to 5 billion won under the dual penalty rule.  [View full article] - Worker falls to death... Although tried under the dual punishment provisions, public institution officials were acquitted (link)
lowrider
2024-07-11
법원, 미성년자 노출사진 전송요구 혐의 30대 남성···법정구속 면한 사연
Man in his 30s accused of requesting to send explicit photos of minors in court... Story of evading court arrest
Even if there is no conversation or sexual contact for the purpose of sexual exploitation of a minor, imprisonment can be punished. Incheon District Court Judge Kim Saet-byeol takes into account sentencing factors such as first offense and victim agreement... and sentences a suspended sentence. A ruling was made to sentence a man in his 30s to a suspended prison sentence for exchanging explicit photos with a minor victim using a chat app. Judge Kim Saet-byeol of the Incheon District Court, Criminal Division 11, recently issued a ruling on the sexual protection of children and adolescents. Mr. A (32 years old), who was indicted on charges of violating the law ('Youth Sexual Protection Act') (conversation for the purpose of sexual exploitation, etc.), was sentenced to '4 months in prison and 2 years of probation.' According to the prosecution's indictment, Mr. A was accused of engaging in obscene chatting with a victim he found out through a chat app in March 2023 and receiving body photos, etc., on a total of 12 occasions. Charges of sending messages requesting obscene acts more than 100 times were also applied. The victim's age at the time was confirmed to be 15 years old. Conversation for the purpose of sexual exploitation of minors is a crime newly established in Article 15-2 of the Youth Sexual Protection Act in 2021 to punish the act of repeating sexual conversations among the crimes of 'online grooming'. Even if there is no such crime, it is a serious crime that can result in a prison sentence. In particular, if a conversation for the purpose of sexual exploitation occurs while the other person is recognized as a minor, a more severe punishment will be imposed. In this criminal trial, Mr. A's legal representative argued that the defendant did not intentionally approach the victim and that he committed the crime after being unable to withstand the temptation of the victim who was actively engaging in sexual conversation while in a psychologically weak state due to financial difficulties. In addition, Mr. A has never been punished other than this case. He argued that it was his first offense, and that he had reached an agreement with the victim and that the victim had expressed his intention not to punish Mr. A. Shin Yong-hoon, a lawyer at Daeryun Law Firm (Lihan), who represented Mr. A as the legal representative in this case, said, “In this case, the defendant also sent a photo of his body under the active leadership of the victim. In this case, an accurate understanding of the facts and a strategic defense are necessary to prevent the case from going in a direction that only favors the victim.” He added, “Recognize that the victim is a minor. “The reality is that under certain circumstances, the punishment is more severe. However, in this case, the fact that it was a first offense and the application for non-punishment could have been taken into consideration,” he explained.  [View full article] - Court holds that a man in his 30s was accused of requesting the sending of explicit photos of minors... Story of avoiding court custody (Go here)
Current affairs IN
2024-07-09
[단독] 전주시 의심스러운 전셋집 지금도 ‘매물 거래 중’
[Exclusive] Suspicious rental house in Jeonju is still ‘for sale’
Suspicions of a large-scale charter fraud are being raised in Jeonju, Jeollabuk-do. 〈Current Affairs IN〉 tracked down the building owned under a borrowed name by Mr. Kwak, the landlord, based on the testimonies of tenants and real estate listings for lease. A large-scale case of non-return of rental deposits occurred in Jeonju, Jeollabuk-do. Tenants who have not received their deposit back are raising suspicions of lease fraud and taking legal action, including registering their lease. The lessor is Mr. Kwak. As a result of 〈Current Affairs IN〉 coverage, the real estate estimated to be owned by Mr. Kwak, the landlord, amounts to 89 multi-family houses (6 buildings) in Jeonju alone and 94 multi-family houses (6 buildings). Among the rental households for which 〈Sisa IN〉 checked copies of the registers, 34 had already established lease registration (a device to protect tenants who did not receive their deposit back). This is the first time that a large-scale case of non-return of rental deposits has occurred in the Jeonju area of ​​Jeollabuk-do. Lee Jae-hyung (pseudonym, 30), an office worker living in Jeonju, Jeollabuk-do, moved to A multi-family house in Wansan-gu, Jeonju, close to his workplace in June 2021. The rental deposit was 85 million won and the contract period was 2 years. They said I could not sign up for the rental deposit return guarantee. The owner listed on the register (certificate of all registered details) was Mr. Kim, but the actual lessor was played by Mr. Kim's son, Mr. Kwak. Mr. Kwak said, “I became a bad credit holder while doing business 10 years ago. The only person I could use was my mother’s name, so I used my mother’s name.” Before signing the lease contract, Mr. Lee Jae-hyung asked real estate agent Mr. Kim if it was a safe building. A mortgage of 538 million won was placed on the building that Mr. Kwak purchased for 750 million won in his mother's name in November 2020. Broker Mr. Kim told the anxious Mr. Lee, “Mr. Kwak, the landlord, has a large business and has a lot of real estate, including buildings, so you don’t have to worry about returning the deposit.” Not only Mr. Lee, but also six neighboring tenants who signed a contract with Mr. Kwak through real estate agent Mr. Kim, heard the same story. Most of them are young people in their 20s and 30s around Lee's age. One year and 9 months have passed since Jaehyung Lee signed a lease contract. In March of last year, three months before the lease contract expired, Mr. Lee told the landlord, Mr. Kwak, that he would move to another place when the contract ended. Mr. Kwak also answered that he understood. However, no new tenant was found. The landlord, Mr. Kwak, explained to Mr. Lee that this was because the tenant, Mr. Cho (31), who lived in the same building, set up a lease registration in April of that year. Tenants who did not receive their deposit back on the expiration date of the contract can apply for a lease registration order from the very next day. A house with a lease registration registered means that the landlord has not returned the deposit. As a tenant looking for a new home, you have no choice but to be reluctant. In early June 2023, the landlord, Mr. Kwak, said to Mr. Jaehyung Lee, “Please wait two more months.” ‘Building H in Deokjin-gu, Jeonju was auctioned off for 4.5 billion won, but the money is tied up there. He was persuaded that a loan would be issued from Building H in two months, around August 2023. Mr. Lee didn't quite understand, but when he said there were circumstances, he replied, "I'll just wait two months."“Turn 4.5 billion won into 18 billion won.”It was only later that I learned that Mr. Kim, the real estate agent who had persuaded me that ‘there is no problem in returning the deposit’, was intertwined with financial interests with Mr. Kwak, the landlord. According to the landlord Mr. Kwak's explanation to <Sisa IN>, broker Mr. Kim brokers 60-70% of the real estate properties owned by Mr. Kwak (see <Figure 1>). The CEO of ‘R Company’, which purchased Building H at auction, is broker Mr. Kim. In the corporate register of R Company, the mother of the landlord, Ms. Kwak, is listed as a director of the company. Broker Mr. Kim, the CEO of 'R Company', told <Sisa IN>, "It has nothing to do with the rental deposit (which Mr. Kwak has to return to the tenants). I just lent the name, and he (Mr. Kwak) runs the operation. I have never received a single penny from there (R Company)." Landlord Kwak acquired Building H in the name of R Company for 4.5 billion won in April 2023, while Jaehyung Lee was waiting for the return of the rental deposit. Mr. Kwak told 〈Sisa IN〉, "Originally, I am a person who works in the rental and interior design business. Due to the 'Villa King, lease fraud incident', the number of (lease) demand has decreased. So I changed my business direction. I used the jeonse money to sell a building worth 15 billion won at an auction for 4.5 billion won, and then remodeled it to make 18 billion won. I have the ability to repay. Paying off the 1 to 2 billion won in jeonse is difficult. “It’s nothing,” he claims. “We communicate frequently with tenants, and nine out of ten pay interest (on rent deposit loans) every month.” Tenant Lee Jae-hyung’s story is different. From July 2023, the landlord, Mr. Kwak, did not answer the phone often. I had to leave text messages saying ‘Please call me’ repeatedly on July 10th, July 24th, and July 25th. Even in August 2023, when the deposit was scheduled to be returned, it was difficult to contact them. Mr. Kwak asked Mr. Lee to wait a little longer as he would give him the loan interest. The date on which Mr. Kwak said he would return the deposit was postponed one after another. After continuing to try to contact Mr. Jaehyung Lee, he met the landlord, Mr. Kwak, on November 11, 2023. By the end of December of that year, Mr. Kwak wrote a memorandum saying, “I will immediately return the entire deposit of 85 million won.” Mr. Lee believed the memorandum written by Mr. Kwak. On December 1st of that year, I signed a contract for a new house. The down payment was 26 million won. However, as the deposit return date approached, it became difficult to talk to Mr. Kwak again. ‘Please call me (December 4th)’ ‘Please call me (December 5th)’ ‘Why aren’t you calling me? (December 6th)’ I left a message to Mr. Kwak. Only on December 7 did Mr. Kwak send a text message saying, ‘Please extend the period by two months.’ ‘No. ‘I no longer trust the boss.’ If the deposit was not returned, the 26 million won down payment Mr. Lee paid would also be lost. Instead of avoiding calls from Lee Jae-hyung, Mr. Kwak only left a text saying, ‘Something bad is happening at home,’ ‘I am in mourning, so I am not in a good mood,’ and ‘I will pay interest, so please extend the period for six months.’ Mr. Lee said this, recalling the situation at the time. “It was so hard. I couldn’t sleep, so I drank a lot every day. Then I developed acute pancreatitis. I was diagnosed with depression by a psychiatrist, and I endured it by taking depression medication and sleeping pills. Once I started taking sleeping pills, I couldn’t stop taking them, so I’m still taking them.” Unable to wait any longer, Mr. Lee began legal action, including filing for provisional seizure of real estate on December 12, 2023, and filing a lawsuit requesting the return of the deposit.Need to save the landlord?Lee Jae-hyung is not the only tenant who cannot contact his landlord, Mr. Kwak.. Located in Deokjin-gu, Jeonju H Mr. Kwak's tenants often visit in front of the building.. H Mr. Shin, who runs his own business near the building, “one day 20big, After eating a lot, young people who looked to be around 30 came to the store.. president(Landlord Mr. Kwak)this here(H building) He asked me if I was coming out.. I lived in a studio near Jeonju University and signed a contract for another place according to the moving date, but the owner said he would not take out the deposit.. They said they had to answer the phone to leave, but the boss said he wasn't answering the phone.”said.this year 2month22Day, Jaehyung Lee lives A It has been decided to start a compulsory auction for multi-family housing.. 2Only at the end of the month did Jaehyung Lee learn that the building was in danger of being auctioned off.. At the front door of each household ‘Home auction process begins’ Because there was a notice attached.. When Mr. Lee asked what happened, the landlord, Mr. Kwak, said “anyway 3in month (H for the building) Don't worry, everything will be settled when the loan comes out.. The bank decided to contact me the day after tomorrow with the loan amount and timing.”Instead, he asked Mr. Lee to collect all the auction notices posted in front of other tenants' front doors.. Mr. Lee thought that other tenants should also know., I refused, saying I couldn't do that.. 3The promise of the landlord, Mr. Kwak, who said not to worry, that the loan would be settled in January, was not kept.. 〈previewIN〉 Report results, Until recently, Mr. Kwak had not been able to decide on a bank to get a loan from.. Mr. Kwak 〈previewIN〉In a call with “Now I'm going to contact several banks.. Gyeonggi or Seoul are more conservative than Jeonbuk, which views auction items more conservatively. (loan)I will do it. (H building) appraised value 110With hundreds of millions of won (The loan is) 70About 100 million won (It will come out)”Claiming that the rent deposit of tenants 89He claimed that he could return it within the month..5Tenants of Jaehyung Lee's building in mid-month 10People gathered together and created a group KakaoTalk room.. There is a mix of tenants who have not received their deposit back even though the contract has ended and tenants who still have remaining contract period.. Mr. Lee suggested that he consider filing a group lawsuit, but, Until now ‘Let's wait a moment’is the prevailing opinion. Some tenants ‘Mr. Kwak is a hard-working person who runs several businesses.. This is because business went wrong, so let’s wait a little longer.’He also claimed that. Broker Mr. Kim also emphasized this point and defended Mr. Kwak.. Broker Mr. Kim 〈previewIN〉to “(Even if I file a lawsuit) The government does not provide even a penny of tenant deposit.. The lessor still has some capital., We must all work together to save the landlord.. From the tenant's perspective (loan interest) It's better to take at least a little bit and wait.”said.Jaehyung Lee said he understands the cautious attitude of other tenants.. “Mr. Kwak didn't blindly ask me to wait, but instead explained the situation, so I waited at first.. Just a little more, Just a little more 1Years have passed. At first, I really didn't realize this had happened to me., I was very in denial.. Then I got angry, I was depressed after that.. ‘What is real?’ I thought about this a lot. The last step is, give up.”Mr. Kwak, the landlord, “this business 2020It started in the winter of”said. After purchasing an old multi-family house or multi-family house and decorating it, This is a method of offering a lease at a higher price than the sale price.. Mr. Kwak “It is not suitable for monthly rent due to the cost of interior design.. It's all rented out. Tenants come and sign contracts after seeing that we have raised the value through interior design.”said. 〈previewIN〉Based on the real estate listings put up for lease on a real estate platform by broker Mr. Kim and the testimonies of tenants, we tracked down the building actually owned by Mr. Kwak.. 〈previewIN〉 Report results, Mr. Kwak 2020year 11from month 2022year 10until approx. 2multi-family housing for years 6Building and multi-family housing 6bought copper. It's based on the number of households, but it's total. 183spans generations(〈painting 2〉 reference). Many questions remain about Mr. Kwak's real estate purchase process.. The biggest problem is purchasing a borrowed name.. In the process of purchasing these houses, Mr. Kwak additionally used the names of other people as well as his mother Kim.. “(People listed as owners) They are acquaintances. It happened because of the employment registration tax.. I do all the management”This is Mr. Kwak’s explanation.. Mr. Kim, the broker who brokered Mr. Kwak's real estate sale, also testified that these houses were actually owned by Mr. Kwak..Many of these houses already had lease registration.. last year 2month13from this year 6month20The total number of lease registrations set by date is 34It's a matter. Copy of register, Only the unreturned rental deposit that can be confirmed as the amount set in the lease registration is included. 23100 million4310It's full.. Lease registration has not been established, The amount of unreturned rental deposit for which no legal action has yet been taken is estimated to be larger than this..Although the situation is this serious, The landlord, Mr. Kwak, and the real estate agent, Mr. Kim, rather rent out tenants who have registered their lease. “selfish”criticize. Broker Mr. Kim “Some tenants only think about themselves and apply for a lease registration order.. I told you not to do it. If you complete the lease registration, you will not be able to get a loan for rent and the landlord will not be able to afford it.. We need to ease the burden on landlords.. I do real estate 20For years (obtained) This is one know-how to get your deposit back.”said.Landlord Mr. Kwak’s (borrowed name) Among owned multi-family homes I Multi-family housing is the only one where lease registration is not established.. Broker Mr. Kim “I We explained and persuaded tenants of multi-family homes that a lease registration order was not the answer.. I suggested a way.. I Multi-family housing (this year 4Even in the month) Electing a new tenant(Through mediation) The deposit was refunded”said. If you wait patiently, you can bring in another tenant., It is said that he persuaded them that he could receive the deposit from them and get it back.. These words are still Mr. Kwak (borrowed name) It also means that owned homes are for sale on the rental market in the area.. actually 〈previewIN〉 Report results, Mr. Kwak, brokered by broker Mr. Kim (borrowed name) Owned house was being introduced as a rental property. On a real estate brokerage platform, 7month8Even today, under the name of Mr. Kim, the broker. ‘with your pet, It's a good house to live in alone.’, ‘Monthly rent is also available’With the introduction I Multi-family homes are listed for lease..Some tenants ‘The fact that the lease was originally signed at a price that was too high.’Even after realizing it too late, he is crying and deciding to extend the lease.. A tenant living in a multi-family house owned by Mr. Kwak under a borrowed name extended the deposit return due date one more time on the condition that Mr. Kwak takes responsibility for the interest on the deposit loan.. 8000A tenant who signed a lease contract for 10,000 won “Current public housing price(140010,000 won)The difference between the rent deposit and 6600It's too big for 10,000 won. I realized that even if I put it up for auction, it would be difficult to get my full deposit back, so I kept tearing up and repeatedly extended the contract to try to resolve it while somehow accommodating the landlord's situation.. It's not because I trust the landlord.. Circumstances made me like this”said. The multi-family home where Jaehyung Lee lives is legally a single-family home, but there are multiple households in one building.(maximum 19furniture)go live, Tenants’ priorities vary depending on the move-in report and confirmation date.. If there is a lien securing a bank loan on a senior basis, bank loan receivable 1Ranking. Then, depending on the order of the tenants' confirmed dates, the maximum 20Ranked by rank. So, before renting out a multi-family house, the bank loan amount and the deposit of the tenants who live first.(Senior deposit) You must know the size. In some cases, the landlord's delinquent taxes have priority over the deposit, so you must also check the tax payment certificate..Attorney Taegeun Kim(Home Tenant Legal Support Center ‘tenant114’ Steering Committee Chairman)In the case of multi-family housing, It is explained that a lease fraud is established when the mortgage and deposit are greater than the market price of the house.. Multi-family housing lease fraud involves hiding the total amount of the senior lease deposit., This occurs when the total of the mortgage and deposit exceeds the market price of the house.. Jae-Hyung Lee's world contract says: ‘Signing a contract after establishing a mortgage and confirming the deposit details for each household’Although it is written that, Mr. Lee said he had not received any explanation for it..However, the landlord, Mr. Kwak, is unable to return the rental deposit due to the current situation. ‘charter fraud’It is claimed that it is not. Mr. Kwak per household 2500only3000Since I spent 10,000 won on the interior, the market price went up. ‘can charter’The logic is that it is not. Mr. Kwak’s calculation method is as follows.. “A Multi-family housing 7100 million500010,000 won(mortgage 5100 million380010,000 won)bought it cheaply. (In addition to the purchase price) From employment registration tax to interior design costs 14It cost billions of won. If you do the calculation, the selling price is actually 18It's about 100 million won. (A Multi-family housing) The deposit 10100 million~11It's about 100 million won, so even if you pay all the rent, it won't reach this amount..”Attorney Lee Ha-neul reported the landlord, Mr. Kwak, to the police on behalf of the tenants.(Daeryun Law Firm)think differently. past 5Attorney Wol Ha-neul is the landlord, Mr. Kwak, and Mr. Kwak's mother., Buying a lease with real estate agent Mr. Kim(Fraud and violation of the Act on Registration of Names of Actual Real Estate Owners) reported to the police on suspicion of. This lawyer “(Excluding the mortgage from the sale price) Date of acquisition of ownership 2020year 11The actual value of the menstrual building is 2100 million2000It was only 10,000 won. “A multi-family house is already a so-called ‘tin building’ that cannot guarantee the full amount of the deposit.” Mr. Kwak, the landlord, still insists that he has the ability to repay the deposit. Approximately 7 billion won is expected to be borrowed from Building H, and it is claimed that the current inability to return the deposit is due to a temporary fund crunch. According to broker Mr. Kim, Mr. Kwak continued the lease contract in April when he was unable to return the deposit of other tenants. Broker Mr. Kim told <Sisa IN>, “If the landlord is completely penniless, I cannot guarantee (the return of the deposit). But it is not yet 0 won. With a little money, you can pay the interest of many tenants. But I don’t have enough money to give a lump sum of 60 million or 70 million won. Still, (Mr. Kwak) is trying. He said, "It takes time for a landlord to raise his own capital." However, it has been confirmed that the landlord, Mr. Kwak, is unable to return the deposit even for cases in which he lost in the current trial. Mr. Amugae Cho (31), a tenant who registered the lease for multi-family house A in April last year, recently won a lawsuit against Mr. Kwak for the return of the deposit. On January 17, the Jeonju District Court ordered the landlord, Mr. Kwak, to return the deposit of Mr. Jo, a tenant of multi-family house A. While filing the lawsuit, Mr. Cho, who had moved from Jeonju to Daejeon for work, was unable to move his house because he did not receive his deposit back, so he commuted from Jeonju to Daejeon every day for three months. “Blood dries day by day,” he said.“The lease scam in Michuhol-gu, Incheon was the same.”There was also a case where a tenant living in a house owned by Mr. Kwak (a different name) was recognized as a ‘victim of a lease fraud.’ An official from the Housing and Construction Department of the Jeonbuk Provincial Office said, "Early this year, one application for damage to a multi-family house B lease fraud was received, and the person was recognized as a victim. At the end of May, two cases were also filed for a multi-family house A, but no decision has been made yet (whether or not to be recognized as a victim)." According to the current standards, a person is recognized as a victim of lease fraud when the following four requirements are met. When a move-in report is completed and a confirmed date is provided, when the rental deposit is 300 million won or less (maximum 500 million won or less), when damage has occurred or is expected to occur that prevents multiple tenants from receiving the rental deposit, and when there is significant reason to suspect that the tenant intends not to return the rental deposit. Among the tenants living in houses owned by Mr. Kwak under borrowed names, there are many tenants who say they will wait longer for the situation of the landlord, Mr. Kwak, to improve. Lee Won-ho, chairman of the ‘Civil Society Countermeasures Committee to Resolve the Problem of Jeonse Fraud and Tin Lease,’ said, “Incheon’s Michuhol-gu Construction King, a representative Jeonse Fraud, also presented the logic at trial (like Mr. Kwak, the landlord), saying, ‘He did not intend to commit fraud. It is a temporary problem as sales are not taking place due to the current economic situation. Otherwise, it can be resolved.’ In this situation, tenants are bound to be confused, ‘Am I a victim of Jeonse Fraud?’ “There is no need to be recognized as a victim of lease fraud in order to receive support under the changed system.” Previously, an official from the Jeonbuk Provincial Office's Housing and Construction Department explained, "First of all, you have to report it to the police. Among the requirements for us to recognize you as a victim of a rental fraud, we look at whether an investigation into the landlord has been initiated. The most important thing is whether an investigation has been initiated." The Jeonbuk Provincial Police Agency has been looking into this case since June 13. To date, 〈Sisa IN〉 has identified 12 residential buildings (183 households) belonging to Mr. Kwak (owned under a borrowed name) through register copy verification, inquiries, and various reporting processes. Since the building is purchased under someone else's name, there may be more houses that Mr. Kwak actually owns in addition to the buildings that 〈Sisa IN〉 itself confirmed. An official from the Jeonbuk Police Agency's anti-corruption and economic crime investigation unit said, "We are currently collecting cases. We plan to investigate quickly after determining the extent of the damage." Jaehyung Lee said, "It's been six months since I filed a lawsuit requesting the return of the deposit, and there's still no deadline. I feel sick and frustrated." A week after my interview with Mr. Lee, I contacted him again. “Reporter, do you know where to apply for damage from lease fraud?” [View full article] - [Exclusive] Suspicious rented house in Jeonju is still ‘for sale’ (Click here)
4 places including Smart Times
2024-07-09
법무법인 대륜-인하대, 예비 법조인 육성 MOU 체결
Daeryun Law Firm and Inha University signed an MOU to foster prospective lawyers
Daeryun Law Firm (Lihan) announced on the 9th that it signed an MOU with Inha University Law School (Law School) to foster prospective lawyers. The MOU signing ceremony held at the Daeryun Incheon Headquarters on the 4th was attended by Daeryun Law Firm CEO Kuk-il Kim, attorney Gwang-deok Kim, attorney Gwang-woo Lee, Inha University Law School Dean Young-jin Jeong, Vice Dean Young-hwa Son, and Vice President for Planning and Cooperation Kim Lin. This agreement was signed to support the growth of excellent prospective legal professionals in the region and foster future generations in a situation where the legal recruitment market is less smooth than before. The two organizations entered into an agreement. Through this, we will ▲improve regional differences in legal services ▲contribute to the development of local legal society ▲nurture future legal experts. Daeryun Law Firm plans to provide an internship course to Inha University School of Law students to gain direct experience in the field. Through this, students will have the opportunity to apply theory to practice. Both sides also plan to hold an argument contest. Students will be able to strengthen their oral argument skills and information delivery skills by directly experiencing the legal argument method used in practice. Director Jeong Young-jin of Inha University Law School said, “This agreement, which was concluded in a situation where the recruitment market atmosphere is not the same as before, is meaningful.” He added, “I have high expectations that the agreement with a large law firm called Daeryun Law Firm will be a great help in accumulating practical experience for students.” said Kim Kuk-il, CEO of Inha University Law School. “We plan to provide Daeryun’s talent development system to students,” he said. “I hope it will serve as a catalyst for the growth of outstanding local talent.” He added, “We will provide practical experience to Inha University Law School students and, if necessary, cooperate in revitalizing research and education, such as providing legal consultation support, joint research, and invited lectures.”  [View full article] Smart Times - Daeryun Law Firm and Inha University sign MOU to foster prospective legal professionals (Go to Law School Times) - "We will work together to foster legal professionals" Daeryun Law Firm and Inha University Law School Business Agreement (Go to) Kiho Ilbo - Inha University Law School, and Daeryun Law Firm to foster prospective legal professionals (Go to) Law Journal - Daeryun Law Firm, Coexistence between local law schools and ‘nurturing prospective legal professionals’ (Go here)
Money S
2024-07-09
"장난인데 뭐 어때"… 동성 부하 직원 성추행한 40대 실형
“It’s just a joke, so what?”… 40-year-old sentenced to prison for sexually harassing same-sex subordinate
In situations where he was involved in other sexual crime cases, the criminal court said several times against his subordinates, "He has the same record and cannot be forgiven by the victim... imprisonment is inevitable." The defense lawyer said, "The object of the forcible molestation crime is regardless of the same or opposite sex." A man in his 40s who repeatedly sexually harassed a subordinate of the same sex was sentenced to prison in the first trial. On June 19, the Pohang Branch of the Daegu District Court charged Mr. A, a man in his 40s, who was brought to trial on charges of forcible molestation and assault, for forcible molestation. He was sentenced to one year in prison and two months in prison for assault. In addition, Mr. A was ordered to complete a 40-hour sexual violence treatment program and restricted from employment at child and youth-related institutions for 3 years. Mr. A was indicted on charges of forcibly molesting a subordinate at the same company several times over a period of about a year from June 2021. A charge of assault was also added because the victim employee intervened in the conversation. Immediately after the crime, the victim reported this to the Ministry of Employment and Labor, and an investigation was conducted, and Mr. A was suspended from work for 30 days. At the time of the crime, Mr. A was found to be the perpetrator of a similar sexual crime and was being investigated and tried. The court said, "Even though the victim clearly expressed his refusal each time, the defendant dismissed it as a joke and committed similar acts against other co-workers. He stated the reason for the prison sentence, saying, “I committed it.” He then pointed out, "When I confronted the victim to apologize, he again touched the victim without her consent and made her feel uncomfortable. If this is the defendant's habit, he should be severely scolded and corrected." The court added that it decided on the sentence considering the fact that Mr. A has a history of being punished for similar crimes and the fact that the victim is pleading for severe punishment. It is known that the victim did not receive a proper apology from Mr. A and suffered from extreme stress as he continued to face Mr. A in the same space. Daeryun Law Firm, which represented the victim, emphasized that "the object of the crime of forcible molestation under the criminal law is regardless of whether it is the same sex or the opposite sex," and "sexual acts against the will of the parties must be severely punished." [View full article] - "It's a joke, so what's wrong"... 40-year-old sentenced to prison for sexually harassing same-sex subordinate (link)
3 locations, including Laurider
2024-07-08
법무법인 대륜·영남대 로스쿨, 법률 교육ㆍ실무 발전 위해 맞손
Daeryun Law Firm and Yeungnam University Law School join forces to advance legal education and practice
Yeungnam University Law School improves understanding through theory-practice education and contributes to improving legal culture and service levels through industry-academia cooperationDaeryun Law Firm (Limited) announced that it signed an MOU with Yeungnam University Law School (Law School) on the 2nd. At the MOU signing ceremony held in Seminar Room 2 of the Yeungnam University Law Library, key guests including Daeryun Law Firm CEO Kook-il Kim and attorney Min-kyung Kwon, Yeungnam University Law School Dean Lee Dong-hyeong, Vice Director Won Jong-bae, Deputy Director Park Geon-woo, and Administrative Office Director Lee Cheong-ho. Officials attended. Daeryun Law Firm, which is contributing to eliminating legal blind spots by introducing the system of an advanced American law firm and opening the largest number of branch offices in the country, operates four offices in the Gyeongbuk region where Yeungnam University is located. The Yeungnam University Law School, which has produced heads of local governments, heads of public institutions, and Supreme Court justices since its predecessor as a law school at Yeungnam University, will appoint prosecutors in 2024. It also ranked first in the nation in passing rate (student passing rate compared to admission quota). Daeryun Law Firm, LLC and Yeungnam University Law School plan to promote development in both education and practice in the legal field through this agreement. First, students at Yeungnam University Law School will be provided with practical training opportunities at Daeryun Law Firm. Students at Yeungnam University Law School can receive education that combines theory and practice and gain experience in the field. Both sides will also seek to strengthen their expertise through legal research and data sharing. Yeungnam University Law School will provide the latest legal research results and papers, and Daeryun Law Firm will provide actual case data to cooperate in each other's research and legal practice. A Daeryun official said, “Through this agreement, the Law School faculty will be able to provide more practical education through the law firm's actual cases and problem-solving process materials, and Daeryun Law Firm will update the latest legal knowledge through academic seminars and workshops provided by the Law Firm. “You can strengthen your expertise,” said Lee Dong-hyeong, director of the Yeungnam University Law School. “Practice is theory, and theory is practice. Applying legal theory to cases is more important than anything else. I hope that through cooperation with Daeryun Law Firm, students will be able to gain practical experience by applying legal theory to actual practice.” Kim Kuk-il, CEO of Daeryun Law Firm, said, “Cooperation with the Law Institute plays an important role in raising the level of legal culture and services in society as a whole,” he said. “Daeryun will do its best to develop the community and promote public interest through cooperation with academia, including improving the quality of legal services, spreading and educating legal knowledge, revitalizing public interest legal activities, and improving the legal system and developing policies.”  [View full article] Law Leader - Daeryun Law Firm and Yeungnam University Law School join forces to develop legal education and practice (Go to) Law School Times - Daeryun Law Firm signs a business agreement with Yeungnam University Law School (Go to) Law Journal - Daeryun Law Firm, co-prospering with local law schools to ‘nurture prospective legal professionals’ (Go to)
5 places including Asia Economy
2024-07-04
법무법인 대륜, 디지털포렌식 경쟁력 강화…사건 해결능력 향상
Daeryun Law Firm Strengthens Competitiveness in Digital Forensics... Improved case solving ability
By signing an MOU with HM Company early this year, Daeryun Law Firm (Lihan) announced on the 4th that it will provide high-quality legal services by further strengthening its digital forensics competitiveness. Daeryun recognizes the importance of securing legal evidence and is continuously strengthening its ‘Evidence Investigation, Digital Forensics, and Security Group’ (hereinafter referred to as the Group). The Evidence Investigation, Digital Forensics, and Security Group includes experts in each field, including criminal lawyers from former courts, prosecutors, and police, professional investigators with detective qualifications, and digital forensics experts. We provide professional evidence collection and analysis services by introducing state-of-the-art equipment to resolve various civil and criminal issues, including personal family affairs, corporate technology leaks, embezzlement, and breach of trust. In particular, early this year, Daeryun signed an MOU for mutual technical cooperation in the field of digital forensics with HM Company and is evaluated to have further strengthened its evidence collection and analysis capabilities by introducing cutting-edge investigative techniques. HM Company is a company specializing in internal auditing using digital data. He has experience conducting digital forensics on more than 10,000 digital devices, including PCs, mobile phones, and servers. It was the first private company in Korea to be recognized as an internationally recognized testing agency by KOLAS (Korea Laboratory Accreditation Scheme) in the field of digital forensics. Daeryun explains that through this collaboration, HM Company's experience and technology will be utilized to collect professional evidence in various cases, including civil and criminal cases. By strengthening digital forensics capabilities, it has become possible to more effectively respond to corporate management and compliance issues such as embezzlement, breach of trust, technology leaks, and fair trade violations. In addition, Daeryun will be able to receive a KOLAS certified test report as a result of a digital forensics request. Reports issued by KOLAS-certified organizations are mutually recognized and trusted by major countries and organizations around the world, and are evaluated as being effective in lawsuits and disputes between international companies. It is possible to submit high-confidence evidence in various legal cases such as corporate law, civil, and criminal law. Daeryun expects that the synergy of digital forensics capabilities will provide customized one-stop legal services and improve case resolution capabilities compared to before. Daeryun CEO Kim Kuk-il said, “The importance of digital evidence has increased in the process of securing evidence for various legal responses, including corporate law, civil and criminal cases,” and added, “We will strengthen the law firm’s expertise in evidence collection and analysis by utilizing digital forensics in various fields so that customers can receive legal services safely in the future.”  [View full article] Asia Economy - Daeryun Law Firm Strengthens Competitiveness in Digital Forensics... Improving case resolution ability (Go here) Korea Economy - ‘Trump Risk’ Yulchon Seminar… Daeryun, Strengthening Digital Forensics Capabilities [Law & Biz Briefing] (Shortcut) Edaily - Daeryun Law Firm Strengthens Digital Forensics Capabilities... Improving case-solving capabilities (Click here) Aju Economy - [Law Firm Lounge] Daeryun strengthens digital forensics capabilities... Improving case-solving capabilities (Go to the link) Law Leader - Daeryun, strengthening evidence investigation, digital forensics, and security group capabilities... Even invisible evidence (Go to the link)
Sports Seoul
2024-07-02
180억 전세사기범 2심도 징역 15년…사기범죄 양형기준 강화 예정
Second-degree 18 billion won jeonse fraud offender sentenced to 15 years in prison... Sentencing standards for fraud crimes to be strengthened
Gap investment method produces hundreds of victims, ‘18 billion won’ jeonse fraudster sentenced to 15 years in prison, ‘maximum sentence in law’ Sentencing committee discusses new sentencing standards for jeonse fraud, insurance fraud, and voice phishing… Deliberation in August ​ Amid the recent increase in property crimes targeting the common people, such as voice phishing and real estate fraud, a man in his 50s who committed a lease fraud worth 18 billion won was sentenced to heavy punishment in the second trial. Changes are expected in the sentencing standards for fraud crimes in the future. The Busan District Court's Criminal Appeal Division 4-1 dismissed the defendant's appeal at the appellate sentencing hearing of a woman in her 50s indicted on fraud charges on the 20th and maintained the original sentence of 15 years in prison. The court dismissed the defendant's appeal, saying, "The defendant appealed that the sentence in the first trial was heavy, but there are no special circumstances to change the sentence." The defendant has been in Busan since 2020. The charge is that he received a total of 18 billion won in rental deposits from 229 victims while running a building rental business in the region through ‘capital-free gap investment’ and then did not return them. Considering the seriousness of the crime, the social harm caused by it, and the pain of victims who have not recovered, the first trial court sentenced the maximum sentence of 15 years in prison, which is higher than the 13 years sought by the prosecution, to 15 years in prison. Soo-yeon Son of Daeryun Law Firm (Limited), the victim’s legal representative. The lawyer said, “Nowadays, in economic crimes, especially fraud crimes, even if the amount of damage is high, if it is a first-time offender, there is a vague belief that probation will be given even if the damage is not recovered, but now, if the actual damage is not recovered, even a first-time offender can be considered for imprisonment.” He added, “For victims, even if the punishment for fraud offenders is strengthened, a path to recovery of actual damage can be opened,” he emphasized. The Supreme Court also revised the sentencing standards for fraud crimes for the first time in 13 years. Attention is focused on the announcement that strengthening punishment will be discussed. The Supreme Court Sentencing Committee (Sentencing Committee) announced plans to deliberate on revisions to the sentencing guidelines for fraud crimes at a plenary meeting in April. This is the first time there has been a discussion on revisions to the sentencing standards for fraud crimes, which were established and implemented in 2011. Previously, as fraud crimes targeting the common people, such as insurance fraud, voice phishing, coin/multi-level fraud, and real estate fraud, continued to occur, it was pointed out that punishment should be strengthened. In the case of existing fraud sentences, if the damage per victim exceeds 500 million won, the punishment is increased. Under the Special Police Act, a sentence of up to life imprisonment is possible when the amount of profit from fraud is more than 5 billion won, but according to the Sentencing Commission's sentencing guidelines, a basic sentence of 5 to 8 years is imposed for crimes where the amount of damage is more than 5 billion won but less than 30 billion won. In particular, in the case of insurance fraud, there were 6,209 old cases sentenced between 2018 and 2022, which is the largest number based on the case name among crimes for which sentencing standards are not set. It was calculated by number. However, the punishment is nothing more than a mild punishment, with a fine rate of more than five times that of general fraud. In addition, voice phishing is also a crime targeting the common people and is systematically carried out, and the damage is also large. The Sentencing Commission said, “As crimes such as real estate fraud, voice phishing, and insurance fraud increase, there is a high demand for stronger punishment for types of organized fraud,” adding, “The recommended sentencing range has not been revised since the sentencing standards for fraud crimes were established and implemented in 2011. “There is a need to reflect changes in social and economic changes and public awareness,” he explained. The Sentencing Commission plans to focus on revising the recommended sentencing range for organized fraud rather than general fraud. If the sentencing standards for fraud crimes are strengthened, it is expected that the harsh punishment that has been handed down so far in relation to crimes victimizing ordinary people will be put to rest. Meanwhile, the Sentencing Commission plans to deliberate and confirm the revised sentencing standards for fraud crimes on August 12. Afterwards, a public hearing will be held and a final decision on each sentencing standard will be made in March of next year.  [View full article] - 18 billion won jeonse fraud offender sentenced to 15 years in prison for second degree… Sentencing standards for fraud crimes to be strengthened (link)
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