Press Coverage

Dispute over method of calculating production quantity... “It is difficult to determine an act of deception.” Police: “There is a lack of objective evidence to prove collusion and fraud.” It was suspected that people in business relationships conspired to swindle a large amount of transaction money by manipulating transaction statements and falsely claiming warehouse rent, but the charges were dropped as a result of the police investigation. In January, the Busan Police Agency decided not to forward five people, including Mr. A, who was suspected of violating the Act on the Aggravated Punishment of Specific Economic Crimes (fraud). Mr. A, who was an executive, was accused of conspiring with partner company officials for about five years starting in 2020 to submit transaction statements that inflated the coil production quantity to the parts company, and defrauding about 3.1 billion won by overcharging warehouse rent and management costs. They completely denied the charges. The production quantity cannot be judged on a single basis as it is produced by mixing several product numbers, and since raw materials were purchased and used separately from outside in addition to the coils supplied, a simple comparison cannot determine overestimation. In addition, it was explained that warehouse costs have been customarily settled at an amount that includes not only rent but also incidental costs such as forklift costs and management fees. The police decided not to forward the case. This is because it is difficult to prove the deceptive actions of Mr. A and others with only the submitted data. The police explained, “Although the number of parts that can be produced per 1 kg of coil is fixed, we took into account the fact that there are multiple parts instead of one, the unit price per part changes every year, and the fact that the number of products sold by the auto parts manufacturer is greater than the number of parts actually received from partner companies.” Attorney Kim Young-heum of Daeryun Law Firm, which represented the suspects, said, “This incident occurred during a transaction process in which dozens of practitioners participated over a period of five years, and as claimed by the complainant, He pointed out, “Continuing a large-scale fraud secretly for a long period of time is close to impossible in terms of logistics and accounting systems.” He added, “The intention of deception cannot be determined simply by comparing the raw material supply and parts production, and it is difficult to meet the requirements for criminal fraud, especially considering the settlement process approved by the final approval authority and the external raw material supply and demand situation.” Reporter Kim Hee-guk kukie@kookje.co.kr[View full article] Suspicion of inflating coil quantity and rent… 3 billion won special price fraud ‘not sent’ (link)

A pharmacy student who was sent on charges of receiving and delivering sleep-inducing prescriptions on behalf of a senior pharmacist at the request of a senior pharmacist was cleared of charges. The Chuncheon District Prosecutors' Office decided not to indict Mr. A, a man in his 20s, who was suspected of aiding and abetting a violation of the Narcotic Drugs Control Act in January due to insufficient evidence. Mr. A used the sleep-inducing drug Stilnox (zolpidem) on two occasions in 2019 and 2020. He was accused of receiving a prescription and providing it to Mr. B, a senior at pharmacy school. At the time of the incident, Mr. A, who was a student at pharmacy school, was working part-time at a pharmacy run by Mr. B. It was investigated that he received this request and handed over the prescription. At the time, Mr. B is known to have requested from Mr. A, “The drug inventory is out of sync due to poor management, so if you receive a prescription, you can match the computerized dispensing details with the actual drug quantity.” However, Mr. B used the prescription handed over by Mr. A and others. It was revealed that he had made a false report by entering false information into the integrated narcotic drug management system as if he had normally dispensed the medicine to a patient. As a result, Mr. B was ultimately sent to trial on charges of illegally possessing more than 80,000 tablets of the drug over a period of 5 years for the purpose of direct administration. Mr. A denied the charges. As a student with insufficient practical experience at a pharmacy, he refused the request of Mr. B, who had considerable influence over current students through support for club activities and recruitment of part-time workers. It was difficult. In addition, he claimed that he only knew that it was for the purpose of 'filling the inventory' and had no knowledge that Mr. B would administer the drug or illegally possess it for a purpose other than that purpose. The prosecution found that Mr. A was not guilty. The prosecution said, "Even looking at the content of the messenger conversation, there are no circumstances found to suggest that Mr. A knew that Mr. The reason for the non-indictment was revealed. Attorney Lee Il-hyung of Daeryun Law Firm, who represented Mr. A, said, "By carefully analyzing the entire mobile messenger conversation history, we presented as objective evidence the circumstances in which the client had no knowledge of the purpose of the senior's crime and rather tried to turn it down around the corner. We achieved a good result by logically explaining the specific hierarchical relationship that made it difficult to refuse the senior's request and proving that there was no intention of aiding and abetting." #Sleep inducer #Not guilty. #Pharmacy student #Prescription #Accident Shin Min-ji (sourminjee@ikbc.co.kr)[View full article] Pharmacy student not prosecuted for giving 'narcotic' prescription to senior at the request of "I need to replenish inventory"... Why? (Shortcut)

2019year PF Legal battle underway over loan advisory fees “Advisory area Securities company share, In most cases, refund claims are not established.”Revenue impact is limited…Internal control and contingent liability management are tasks Meritz Securities has passed. 2019Real estate project financing executed in 2018(PF) Development company VC Babylon was involved in the financial advisory fee received during the loan process. ‘Request for refund of unjust enrichment’ A lawsuit is in progress.. Currently, Meritz Securities' financial and internal control risks are all in domestic real estate. PFThe situation is focused on. However, the securities industry and legal community say that this lawsuit is related to Meritz Securities. PF It is assessed that the direct impact on the overall business is likely to be limited..The surface issue of this lawsuit is PF It is a financial advisory fee determined during the loan process.. However, in the market, this is not a simple individual dispute. PF It is interpreted as an extension of the process of adjusting interests between developers and financial companies following the market downturn.. Accordingly, the key issue in this case is 5door5I summarized it with the answer.◆ How do the securities industry and legal circles view the core of this lawsuit? The industry does not view this lawsuit simply as an individual dispute between Meritz Securities and the developer.. recent PF As the market has passed the past boom phase and entered a recession and adjustment phase, there is a continuing movement to look again at past contract structures and fee systems.. In a situation where business conditions have worsened, developers are showing moves to readjust cost burdens., The financial sector is fighting back by maintaining that the fees were received legally under the contract..Securities industry officials commented on this atmosphere. AMr. “today PF As the market is experiencing a recession compared to the past, the developer appears to be making various attempts to improve the situation.”as “However, if there are no problems in the contract process and it is clear that the developer has agreed to it, it will not be easy to claim a refund for the fee payment.”Diagnosed as.Whether or not the developer agrees is a key issue in related lawsuits.. In the legal profession, recently PF There is also an analysis that there are many cases in which securities firms side with lawsuits claiming the return of unjust enrichment for financial advisory fees in loans.. This is related to PF The legal world explains that in many loan contracts, the fact that the developer expressed consent to the details is confirmed in the contract..Kwangdeok Kim, general attorney at Daeryun Law Firm, said: “Financial advice PF This is a matter in which the ratio is set based on an agreement with the developer before contract execution and construction commencement as the securities company's own specialized work within the contract.”saying “The financial advisory commission rate is established on the premise of obtaining the developer's consent to the securities company's professional judgment, and this becomes effective upon signing the contract.”explained.◆ PF How is the financial advisory fee rate setting process structured? To understand this issue, PF It is necessary to first look at the structure in which financial advisory fees are determined.. In the industry PF The loan advisory fee rate is related to the risk of the business., Funding Difficulty, market situation, There is an explanation that it is often decided based on the scope of the role of the financial company.. Ultimately, the commission rate is a result of reflecting business risk rather than a simple cost item..Securities industry insider BMr. “PF The decision to set the commission rate within a loan is made by analyzing the business location and structure of the contract loan and presenting the results reflecting this to the developer as a commission rate to obtain consent.”mentioned.◆ This lawsuit is from Meritz Securities PF What is the impact on the business profit structure? The industry-wide view is relatively consistent.. This lawsuit is from Meritz Securities. PF The possibility of immediately bringing about significant changes to the overall business strategy is limited.. If it is determined that there is no problem with the commission rate setting and contract procedures in this trial, Meritz Securities' existing PF It is unlikely that the business structure will be greatly shaken.. The industry has seen a rise in the frequency of these types of lawsuits this year. PF There are voices saying that it will gradually decrease in line with the trend of reducing non-performing loans in the market..Of course, some burden may arise depending on the results of individual cases, but the industry PF It is not viewed as a variable that can shake up the profit structure.. Rather, regarding this lawsuit PF The interpretation is that it is a dispute resolution process that occurs when a market recession enters a state of adjustment..Securities industry insider CMr. “2026year PF The frequency of related lawsuits is also expected to decrease in the market.”as “This is more important than the risk of individual securities companies. PF This is due to the focus on strengthening the soundness of the market, and there are growing expectations of a reduction in the non-performing loan market.”said.mudfish “A lawsuit like this PF This is an example of an adjustment that occurs when the market transitions from a boom phase to a recession phase in the past. If the market had maintained a boom, it is highly likely that the issue would not have been raised.”added.◆ What should the market look at together?Apart from the lawsuit, what the market is paying more attention to is Meritz Securities' PF Internal control and contingent liability management. Meritz Securities 2019year 10In relation to the new residential-commercial complex construction project in Daegu in February PF In the process of performing financial advisory and arrangement services, deficiencies in internal control were discovered. 2025has been subject to sanctions related to. At the time, the Financial Supervisory Service PF In relation to the charge of the team leader using undisclosed information, the Capital Markets Act54A reprimand was issued based on the article..Currently, Meritz Securities PF real estate, including announcing a reduction plan to manage the increase in contingent liabilities. PF Focusing on reducing exposure.Korea Credit Rating last year 10Through a report from Meritz Securities “Most of our contingent liabilities are domestic real estate PFis focused on”Even though I point out “However, the proportion of Seoul and the metropolitan area is high and the collateral recognition ratio is high.(LTV) Considering such factors, there is a high possibility of reduction.”Highly evaluated.Meritz Securities real estate PF It is interpreted that the challenges faced in business will be financial soundness and internal control capabilities, not legal risks.. Separately from this lawsuit, Meritz Securities PF The need to conduct self-examination of the overall business structure and contract structure is being emphasized..◆ What to look forward to in the future The symbolic meaning of similar disputes may vary depending on how the court organizes its judgment on the securities company's commission rate setting and the developer's consent structure in this lawsuit..PF The market estimates that a significant number of businesses in the metropolitan area have entered the liquidation stage, but in regional areas, there are still unsold and unorganized businesses, so it is expected that it will take some time to completely resolve the possibility of disputes..The Financial Services Commission 2025end of year domestic PF The size of exposure 1branch 191In the garden 3branch 178decreased to trillion won and new PF He also urged active participation from the industry, saying that supply is continuing mainly from businesses with good business prospects.. The securities industry PF the market 2026He explained that if the stable situation is maintained in 2020, similar lawsuits are also likely to decrease..However, the securities firm has been reduced PF In the process of pursuing profits in the market, it is expected that it will be difficult to be excluded from the relevant inspection by the authorities as it is impossible to be free from the commission rate setting process and internal control..In the end, Meritz Securities PF The core of the lawsuit for refund of financial advisory fees is the stagnation rather than the win or loss of individual cases. PF The focus is on how the interests between developers and securities firms are being readjusted in the market.. The industry said that this lawsuit was filed by Meritz Securities. PF Although we believe that the impact on the business profit structure will be limited, we maintain the view that internal control and contingent liability management capabilities need to be separately inspected..In this lawsuit, the factors to pay attention to are condensed into three.. direction of court judgment, PF speed of market recovery, of the authorities PF Market management principle. For this reason, the enforcement and securities industries are keeping a keen eye on the outcome of future trials..NSPCommunications Reporter Lim Seong-su(forest@nspna.com) [View full article] Meritz Securities PF fee refund battle… Market “A case of interest adjustment amid PF recession” (link)

The Supreme Court ruled that if re-discipline was imposed after the disciplinary action was canceled due to a procedural defect, the action was legal even if the statute of limitations for disciplinary action had passed from the time of the misconduct. According to the legal community on the 11th, the Supreme Court dismissed the plaintiff's claim and confirmed the union's victory in the appeal of the lawsuit for confirmation of invalidity of honesty filed by Mr. B, an audit employee of Union A (hereinafter referred to as the union), against the union in January. This case dates back to 2015. The union at the time Mr. B, who was an employee in the audit office, was accused of deliberately omitting or concealing the facts of misconduct, such as embezzlement, by a fellow employee. Accordingly, the union dismissed Mr. B for disciplinary action in 2020, but Mr. B objected and filed a lawsuit, and in February 2023, the Supreme Court ruled that the disciplinary dismissal was invalid. Accordingly, the union reinstated Mr. A and lowered the level of disciplinary action, imposing a 'six months of suspension' (second disciplinary action). However, this time, the Local Labor Relations Commission canceled it due to procedural defects. In the end, the union corrected the procedural shortcomings and issued another six-month suspension (3rd disciplinary action) in November 2023. In response, Mr. B filed another lawsuit, saying, “Disciplinary action in 2023 for misconduct in 2015 would have exceeded the statute of limitations for disciplinary action, which is usually 5 years.” The first trial court ruled in Mr. B’s favor. The court ruled that "since a disciplinary decision was requested 5 years after the date on which the cause for disciplinary action occurred, the relevant disposition was invalid due to a defect in which the statute of limitations for disciplinary action had expired." However, the second trial court's judgment was different. The appellate court ruled, "The defendant union's disciplinary regulations (Article 6, Paragraph 4) clearly state that 'when a disciplinary action is invalidated or revoked by the court or the Labor Relations Commission, a disciplinary decision may be made again despite the statute of limitations.'" He stated, “The disposition of the case is in the nature of a retrial after the previous disciplinary action was canceled by the decision of the Labor Relations Commission, so it cannot be considered to have occurred after the statute of limitations for disciplinary action has expired.” He continued, “While in charge of audit work, the plaintiff made a large financial transaction with the offending party, and based on this, he condoned the fact of embezzlement, causing damage to the union.” He added, “Considering that the level of disciplinary action was reduced from the initial dismissal to six months of suspension, it is difficult to view the defendant’s disposition as an abuse of discretion.” It was added. The Supreme Court also dismissed the plaintiff's appeal, believing that the lower court's judgment was justified. Attorney Ik-cheon Cho of Daeryun Law Firm, who represented the union, said, "The first trial pointed out that the statute of limitations had expired, but this case is a 're-disciplinary' procedure that occurred as the previous disciplinary action was invalidated or canceled, so the statute of limitations does not apply," he said. He added, "This is not a request for a new disciplinary decision, but a 'modification' of the legally requested resolution." “It was proven and there was a good result,” he added. #Supreme Court #Disciplinary action #Statute of limitations #Incidence and accident Shin Min-ji (sourminjee@ikbc.co.kr)[View full article] ‘Dismissal → Reinstatement → Re-discipline’... ‘Three disciplinary actions’ over a 10-year period, the Supreme Court’s management finally wins (Go to the link)

Beware of new risks such as AI deepfakes and fake news Ahead of the 9th national simultaneous local elections to be held in June, concerns about election crimes such as fake news using artificial intelligence (AI) deepfakes are growing. From the nomination stage to after the election, the judicial risk management capabilities of candidates and election camps have emerged as a key election task. Daeryun Law Firm announced on the 12th that it launched a task force (TF) dedicated to responding to the 9th national simultaneous local elections last month. It is a structure in which local lawyers from major branch offices across the country and the headquarters' Digital Forensics Center cooperate with attorney In-won Kim. According to statistics from the Supreme Prosecutors' Office, the number of election offenders booked for violations of the Public Official Election Act during the 8th local election amounted to approximately 3,790. In this election, even fake news that exploited AI deepfake emerged as a new threat factor. Regarding the background of the launch of the task force, Attorney Kim explained, "The Public Official Election Act has detailed regulations, so even a simple mistake can be evaluated as an illegal act. The law applies even before candidate registration, and nomination screening and preliminary candidate activities are also subject to legal discipline." In actual practice, there are cases where statements of support for a specific individual or group or posting of online promotional material have been caught as part of a pre-election campaign, or errors in self-introduction materials have led to the publication of false facts. He emphasized, “Early legal analysis and evidence preservation are the key to responding to cases,” and “All public actions in the early stages of an election must undergo prior legal review.” The most frequently occurring illegal acts in the campaign are pre-election campaigning, donations, and publishing false information. SNS postings or sending text messages are often classified as pre-election campaigns. Attorney Kim said, “The law judges actions based on the impact they had on voters rather than the actor’s intention.” Money management also requires caution. If the purpose of use is unclear or a third party bears the costs, it may be judged as illegal political funds. All expenditures must be managed by the person in charge of accounting and documentary evidence must be kept. When an unexpected situation such as a National Election Commission crackdown or search and seizure occurs, the presence and scope of a warrant must be checked and any violations of procedures must be recorded. Attorney Kim said, “The principle is that all comments and data submissions are made after consulting with a lawyer,” and “The response in the first few hours determines the direction and outcome of the subsequent investigation.” In this election, digital election crimes using AI deepfake are also a major variable. False videos, synthetic voices, etc. can spread in a short period of time and lead to defamation and election interference. Attorney Kim said, “We must request deletion as soon as damage occurs, secure the distribution route, and verify whether it has been manipulated using forensic technology.” The TF has a system in place to secure evidence in cooperation with the corporation's own forensic team. Attorney Kim In-won said, "Elections are a legal and moral process that goes beyond competition and gains the public's trust," and suggested, "The most powerful strategy will be to conduct a transparent and fair campaign within the bounds of the law." He added, “We will do our best to make this local election an exemplary election based on legal expertise and fairness.” Reporter Hwang Jeong-won (garden@sidae.com)[View full article] Attorney Kim In-won, “Local election judicial risk, early legal response is essential” (link)

A business owner who was put on trial for failing to pay severance pay to employees was acquitted at the appeals court. According to the legal community on the 10th, the 3-3 Criminal Division of the Changwon District Court overturned the original trial ruling that sentenced A, a man in his 40s, who was indicted for violating the Labor Standards Act in January, to a fine of 1 million won in the appeal trial and declared him not guilty. Mr. A paid wages and severance pay to Mr. B, a trainer who quit while working at the gym he ran last year. He was accused of failing to pay within the due date. During the trial, Mr. A argued that he was not an employee under the Labor Standards Act because he had signed a freelance contract with Mr. B rather than an employment contract. Even if he was recognized as an employee, he denied intentionality, saying he was not aware of the obligation to pay because there was no precedent for paying severance pay to other trainers. The first trial court sentenced Mr. A to a fine. The court ruled, “Mr. B has been regularly paid allowances and fixed wages while working at a specific time zone agreed upon with the defendant,” and “this is equivalent to providing work in a subordinate relationship for the purpose of wages.” Mr. A, who was dissatisfied with the result, immediately appealed. At the appeal trial, Mr. A asserted that Mr. B had committed embezzlement before leaving the company and owed him an amount of money. Therefore, during the settlement process, it was determined that there was no money to be paid, and it was emphasized that there was no intention of non-payment. The second trial court declared the person not guilty. The appellate court said, "Mr. B left the company due to unpleasant circumstances and wrote a confirmation of payment in this regard. In this situation, we cannot rule out the possibility that the defendant misunderstood that he was not obligated to pay severance pay. At the time of writing the contract, there are no circumstances showing that Mr. B raised an objection to the statement, 'There is no severance pay settlement because he is not an employee,' or requested subscription to the four major insurance policies." Attorney Cho Ik-cheon of Daeryun Law Firm, who represented Mr. A, said, "Payment of wages, etc. He explained, “If there are grounds to dispute the existence of the obligation and there is a significant reason for non-payment, the intention to violate the Labor Standards Act cannot be recognized.” He explained, “Given the specific contractual relationship between the two and the circumstances at the time of leaving the company, Mr.[View full article] Business owner who failed to pay trainer wages found not guilty on appeal... Law: “Not intentional” (Shortcut)

In the course of an internal dispute within the fishing community, the court said, "It is difficult to recognize the intent to acquire illegally...simply refusing to return is insufficient." Former executives of the fishing community who were indicted for not returning documents related to their operation were found not guilty. The Jinju branch of the Changwon District Court acquitted two people, including former fishing village leader A, who was accused of embezzlement in January. They were expelled from the extraordinary general meeting of the fishing community in June 2022. Afterwards, they were asked to return related documents such as bankbooks, accounting ledgers, and meeting minutes necessary for the operation of the fishing village community, but they did not respond. The reason was that a legal dispute contesting the validity of the resolution of the extraordinary general meeting was ongoing at the time. Accordingly, the fishing community filed a complaint against them, claiming that their operations were disrupted due to not receiving the documents back. The court found them not guilty. The court said, “It is difficult to say that the defendants at the time had an intention to illegally acquire documents from the fishing village and dispose of them as their own.” At the same time, the court added, “In light of the fact that the defendants won a lawsuit to confirm the invalidity of the fishing village community while contesting the validity of the expulsion resolution, we decided that it is difficult to directly evaluate the act of keeping related documents in a situation where the legitimacy of the expulsion resolution was denied as embezzlement.” Attorney Lim Seok-pil of Daeryun Law Firm, who represented the two, said, “To establish a crime of embezzlement in business, a simple refusal to return is not enough. He explained, “The intention to illegally acquire property and dispose of it as if it were one’s own must be recognized,” adding, “If, as in this case, the expulsion decision itself is judged invalid in the appeals court, the court has made it clear that the act of keeping related documents cannot be considered embezzlement based on the intention to illegally acquire property.” Reporter Kim Hee-guk kukie@kookje.co.kr[View full article] Former executive who refused to return fishing village documents... Court: Not guilty of embezzlement (link)

An oriental medicine doctor who was suspected of issuing a false medical certificate to a patient for a traffic accident without providing treatment was cleared of the charges by proving that the existing medical records and treatment progress were consistent with the contents of the medical certificate. According to the legal community on the 9th, the Ulsan Southern Police Station decided to not forward Mr. A, the director of an oriental medicine clinic, who was accused of violating the medical law and writing a false medical certificate in January. From 2024 to last year, Mr. A had car insurance for four patients who came to the hospital after suffering a traffic accident. He was suspected of issuing false medical certificates required for payment guarantee procedures. The insurance company filed a complaint, taking issue with the fact that actual treatment was not performed on the issuance date listed on some medical certificates. Mr. A denied the charges. It was claimed that the medical certificate in question was not written on the premise of a single treatment on the day of issuance, but was written based on previous treatment and treatment progress. At the same time, patients claimed that they continued to visit the hospital for treatment after the traffic accident and that the contents of the medical certificate were also based on medical records. Mr. A emphasized, "The issuance date written on the medical certificate indicates the time when documents to be submitted to the insurance company at the patient's request during the car insurance payment guarantee process were printed and sent. Just because there was no separate medical treatment on the day of issuance, it cannot be considered a medical certificate without examination." The police accepted Mr. A's claim. The fact that the date of issuance of the medical certificate does not match the date of actual medical treatment cannot be considered as a false medical certificate, nor can it be concluded that the contents of the medical certificate are inconsistent with actual medical practice when looking at the patients' existing medical records and treatment progress. Attorney Chae Young-jae of Daeryun Law Firm, who represented Mr. A, said, "Under medical law, a medical certificate is not a document written based on the premise of a medical examination at a single point in time. In this case, the content and progress of the actual medical practice should be viewed as the standard for judgment rather than the formal element of the date of issuance of the medical certificate. He said, “I explained the structure of issuing and submitting medical certificates in insurance practice, and pointed out the limitations of the approach of holding criminal liability based only on formal information, which led to the decision not to send the case.” Reporter Jeong Cheol-wook[View full article] ‘Issuing a medical certificate on a day when no treatment was done’ 30-year-old Oriental medicine doctor not sent to the hospital… Explanation for compliance with existing records (Shortcut)

March, when the new semester and spring moving season overlap, is the time when lease and monthly rent contracts are concentrated. When a property for sale becomes scarce, you become anxious and it is easy to omit or postpone basic procedures such as checking a copy of the register or verifying ownership. In addition, there are many tenants who are unaware that the documents and precautions to check vary depending on the type of housing, such as multi-family, multi-generational, or officetel. Most lease fraud offenders prey on the impatience of these tenants. In reality, lease fraud, such as double contracts and falsified documents, is repeated every year. According to data from the Ministry of Land, Infrastructure and Transport, the cumulative number of victims of charter fraud reached 36,449 as of the end of January 2026. What is especially noteworthy is that multi-generational/multi-family housing and officetels account for approximately 68.2% of all damage types. Three out of four victims are under the age of 40, and they are concentrated in the youth. The multi-family houses and multi-family houses where the damage is concentrated have a similar appearance, but their legal structures are completely different. Since multi-generational housing is registered for each generation, there is a separate copy of the register for the room being contracted, so only the rights to the room in question need to be clearly considered. However, caution is needed as there are quite a few so-called ‘tin leases’ in which the deposit exceeds 70% of the sale price. On the other hand, multi-family housing has one owner for the entire building. For this reason, it is necessary to check the loans for the entire building and the rights of other tenants. This is because the total deposit of tenants who moved in before my deposit often exceeds the value of the building. If an auction proceeds in this situation, it is highly likely that it will be difficult to recover the full amount of the junior deposit. In fact, the Supreme Court and courts at various levels have recently ruled that when brokering a multi-family housing lease, a real estate agent has an obligation to accurately check the total amount of the senior tenant's deposit and explain it to the tenant. If this is neglected, liability for damages has been acknowledged. Therefore, a thorough preliminary inspection is the only way to prevent damage. Before signing a contract, it is necessary to compare the lessor's original ID card with the registered owner. When signing a contract with an agent, you should check the power of attorney and seal certificate more carefully. It is also a good idea to check in advance whether you can sign up for a deposit return guarantee. If the guarantee agency refuses to sign up, it is a strong signal that there is a problem with the rights to the property. Even before paying the balance, you must re-issue a copy of the register and make a final check to see if any liens, etc. have been added in the meantime. However, there is a limit to the ability of individuals to completely filter out increasingly sophisticated fraud methods. This is because issues such as whether the building ledger matches the register and the risk of seizure due to the landlord's tax delinquency are areas that individuals can easily miss. Therefore, it is safest to receive a legal review from an expert at the pre-contract stage. If damage occurs, a quick response is vital. Depending on the situation, you must immediately review possible legal means such as sending a certificate of contents, applying for a lease registration order, or filing a criminal complaint. This is because the possibility of recovering the deposit can vary greatly depending on the order and timing of response. As it is best to prevent lease fraud, minor doubts that arise during the contract process should not be overlooked lightly. In order to keep your precious deposit safe, it is more necessary than ever to carefully check and confirm the entire process of the contract. Help: Daeryun Law Firm Daehee Kang, Lawyer Jin Gayoung, Lawissue Reporter news@lawissue.co.kr[View full article] Back-to-school season and moving season, a time when rental contracts are crowded... How to prevent multi-generational/multi-household lease fraud (Go here)

A woman in her 50s who withdrew money from an account to pay for the hospital expenses of her father in his 90s, who was hospitalized in an unconscious state, was put on trial, but was found not guilty. The Nonsan branch of Daejeon District Court found Mr. A, who was indicted on charges of forging private documents, not guilty last January. Mr. A filled out two withdrawal slips in the name of his father, who was hospitalized in Nonsan, in May of last year and stamped them. He was accused of withdrawing 12.15 million won. The prosecution charged Mr. A with forgery of private documents, saying he had used the name of his unconscious father to prepare documents and withdraw deposits. Mr. A completely denied the charges. At the time, his father was unconscious and his mother had been managing his financial affairs, but he only visited a financial institution at his mother's request to raise money for hospital expenses. At the same time, Mr. A had withdrawn all the money at the time. He claimed that it was transferred to his mother's account and used for actual medical expenses. The court accepted Mr. A's claim and declared him not guilty. First, the court said, "In light of the fact that the cashier judged that there was no problem with the defendant and his mother accompanying him to a financial institution and withdrawing funds from the deceased's account, it is reasonable to assume that the employee was aware of the fact that the mother usually managed the father's account." It also said, "The defendant had the intention of forging private documents." It cannot be seen, and even if intent is recognized, it can be acknowledged that there was the deceased's presumptive consent to the act of preparing the withdrawal slip." Attorney Byeon Gwan-hoon of Daeryun Law Firm, who represented Mr. A, said, "Forgery of a private document means a case where a person who does not have the authority to write a document prepares a document by stealing another person's name. If there was the explicit or implied consent of the owner, or if it is presumed that the owner would have naturally approved it if he or she had known in light of all circumstances, it is considered forgery. “It is difficult to see,” he explained. In addition, Attorney Byun added, “We explained in detail the circumstances in which it is difficult to conclude that it was forgery by explaining the family’s property management practices, actual use of funds, and the process of document creation with objective data,” and added, “This is a ruling that the court acknowledged that criminal intent cannot be inferred from formal acts alone.”[View full article] Daughter in her 50s who withdrew money from her unconscious father's account... Not guilty of 'forgery of private documents' (Click here)