Press Coverage

[Punishment for chain prostitution] YouTube and game chain prostitution, security measures follow in addition to criminal measures [The Power = Reporter Choi Byeong-soo] Recently, there have been an increasing number of cases of people being accused of prostitution by getting into an argument with the other person while playing an online game and making sexual profanity or adulterous jokes, such as belittling the other person's gender. Many people take it lightly because they say it out of anger, but this is an illegal act that carries legal responsibility. As non-face-to-face activities using social media have increased recently due to the COVID-19 incident as well as online games, there are many cases where young students who still lack discernment are accused of using obscene communication media while exchanging dirty jokes or conversations for sexual purposes while using Instagram or KakaoTalk. There are many cases where so-called ‘prostitution hunters’ become involved in planned complaints and seek out prostitution lawyers. Even online, personal attacks or sexual comments that cause shame can be punished as ‘obscenity using communication media (Article 13)’ under the Sexual Violence Punishment Act. Obscenity using communication media is a sexual crime committed when words, images, or videos that cause sexual shame or discomfort reach the other person through communication media such as a computer. If a person who commits a sexual crime is guilty, he or she will be sentenced to imprisonment for up to 2 years or a fine of up to 20 million won in accordance with the Sexual Violence Punishment Act. If the act does not cause sexual shame or disgust, the crime of indecency using communication media is not established. However, in this case, the standard for determining whether or not it causes sexual shame or disgust is to check whether it goes against the sexual morality of the average person in society. Since the crime of indecency using communication media usually has sufficient evidence such as captured images or recordings, and is not a crime of impunity against the will, punishment can be avoided even if it is simply explained as a prank or mistake or if an agreement is reached with the victim. None. However, there are cases where it is possible to avoid the risk of punishment by responding carefully from the beginning of the incident. Last month, there was also a case in which the Seoul Western District Court found the act of posting an unhealthy picture on an online community site not an ‘act that allowed it to reach the other person.’ Kim Gwang-deok, a lawyer at Daeryun Law Firm’s Criminal Center, said, “Because prostitution is a sex crime, if a punishment higher than a fine is imposed, security measures may be imposed separately from criminal punishment, and various disadvantages may follow when returning to society.” He added, “It is better not to get involved in the crime in the first place, but if related He advised, “If you are investigated by the police on suspicion of sexual violence, it is necessary to consult with a lawyer specializing in prostitution and sexual crimes who has extensive experience in sexual violence cases.” Read the full article - YouTube and game prostitution, security measures will follow along with criminal sanctions - The Power News

Daeryun Law Firm (Limited) (Representative Attorney Shim Jae-guk) announced that it has hired general attorney Kim Eun-young, a former prosecutor at the Seoul Southern District Prosecutors' Office, at the criminal and corporate legal center. The newly joined attorney has served as a prosecutor at the Seoul Southern District Prosecutors' Office, a prosecutor at the Eastern Branch of the Busan District Prosecutors' Office, and a prosecutor at the Uijeongbu District Prosecutors' Office. Daeryun officials said, “We expect that the capabilities of the Criminal and Corporate Legal Center will be further strengthened with the addition of Attorney Kim, who specializes in legal advice on corporate operations, fair trade, investment, embezzlement, mergers and acquisitions, and industrial accidents,” and added, “We are striving to improve client satisfaction and protect rights and interests by providing more systematic assistance at the court stage through the recruitment of professional and former attorneys.” Meanwhile, Daeryun Law Firm (Lihan) is a nationwide law firm that operates 27 offices, including in Seoul. Members specialized in cases, regardless of specific region, form a task force team to provide customized legal services to clients. View full article - Daeryun Law Firm (Liuhan) joins attorney Eunyoung Kim, a former prosecutor... Strengthening criminal and corporate legal capabilities - ::: Global Green Growth Media - E2News (e2news.com)

[Reporter Roishu Jin Ga-young] Business embezzlement is a representative property crime that occurs in companies, organizations, and private gatherings. It is a crime that is more condemnable than simple embezzlement in that it involves abandoning one's professional duties and committing a crime, and the punishment is more severe. According to Article 355 of the Criminal Act, embezzlement and breach of trust are punishable by imprisonment for up to 5 years or a fine of up to 15 million won, but professional embezzlement is treated more seriously than simple embezzlement in that the crime is committed for one's own benefit. In the case of professional embezzlement and professional breach of trust, A person who commits a crime specified in Article 355 of the Criminal Act will be punished by imprisonment for not more than 10 years or a fine of not more than 30 million won. Since the crime of embezzlement in business is not a light punishment in that it is a property crime committed against another person's property, the crime of property crime, including embezzlement in business, must be carefully checked professionally and carefully to ensure that unfair charges are not applied and established in the person's position. In addition, it is necessary to carefully check the requirements for establishing a property crime, including business embezzlement, and be careful to prevent unfair charges from being applied or established. If the value of property or property interests (hereinafter referred to as ‘gain amount’) is more than 500 million won, the Act on Aggravated Punishment for Specific Economic Crimes applies. If the amount of gain is 500 million won or more but less than 5 billion won, the person can be sentenced to imprisonment for a fixed term of 3 years or more, and if the amount of gain is more than 5 billion won, the person can be sentenced to imprisonment for life or more than 5 years. When being investigated for business embezzlement, the circumstances of the embezzlement and attribution of civil ownership become major issues, and legal review is very important because the judgment can vary depending on whether or not it is proven. In addition, even if found guilty, damages can be reduced through repayment, agreement, etc. In particular, the intention to acquire illegally is important, and whether the disposal was arbitrarily contrary to the purpose of the owner's entrustment and whether there was an intention to illegally acquire the property in the process become important issues in the lawsuit. Attorney Kim So-yul of Daeryun Law Firm said, "If you are accused of professional embezzlement, it is most important to prove that your actions were not for personal gain." “If you have been wrongfully implicated, you need to thoroughly prepare for a lawsuit with a criminal lawyer,” he advised. - View full article - If you are unfairly accused of criminal punishment for business embezzlement, you must respond quickly (lawissue.co.kr)

[The Power = Reporter Choi Byeong-soo] Infidelity refers to any act that violates the duty of chastity that a couple must maintain, in addition to a physical relationship with someone other than their spouse. Since the crime of adultery has been abolished, criminal punishment is impossible for a spouse and a person who has committed adultery, but it is a ground for divorce under Article 840 of the Civil Code and at the same time, liability for damages is attached. A lawsuit for incest and incest is a lawsuit that claims alimony when the marriage relationship breaks down or mental damage is suffered as a result of an extramarital affair between the spouse and the adulterer, and it must be possible to prove that the incestuous person committed an unfaithful act while knowing that he or she was married. Unlike past adultery charges, evidence of adultery is required. Sexual intercourse does not necessarily have to be a prerequisite, and can range from text messages that can be assumed to be a romantic relationship, lodging history and CCTV, card receipts, vehicle black boxes, recordings, KakaoTalk conversations, and accompanying immigration and departure records. Evidence must be collected legally. This is because if you collect evidence illegally, or go to the workplace of an adulterous man or woman out of anger and use violence against them, or expose the affair, you may be counter-sued for defamation or assault. If necessary, in the case of evidence of an affair, the possibility of the spouse or adulterer destroying the evidence before collection cannot be ruled out, so it is necessary to file a separate application for evidence preservation. This is to take action in advance so that a normal evidence investigation can be conducted. Since clear proof and collection of evidence through legal methods are necessary, it is necessary to understand and apply for preservation of evidence in detail. The statute of limitations for an incestuous alimony lawsuit is that the lawsuit must be filed within 3 years from the date of learning of the spouse's infidelity and 10 years from the date of the illegal act. Law firm (Yuhan) Daeryun's lawyer Kwon Min-kyung advised, “In addition to simple evidence of infidelity, in a lawsuit claiming alimony for an incestuous person, you must objectively prove that you committed infidelity despite knowing that you were married. Since there are many cases where the affair itself is denied, a delicate strategy is needed, so you should seek the help of a divorce attorney.” View full article - Incestuous incest divorce lawsuit, if you cannot prove the fact of infidelity, you will lose. (thepowernews.co.kr)

[Beyond Post Reporter Kim Min-hyuk] Voice phishing is a representative fraud crime that steals the other person's personal information or steals money using various means such as phone calls, text messages, and other means. It is one of the representative problems that harm the people's economy along with illegal private financing, cyber gambling, and gambling games. In particular, recently, as the household economy has faced difficulties due to the long-term economic downturn, people who have no way to make a living right away or are in dire need of money are being exploited to engage in phishing crimes, which is unfair. There are many cases of criminals becoming criminals. In order to prevent such damage from voice phishing, financial authorities are strengthening the document verification process to eradicate cannon bank accounts and double-checking the purpose of the transaction when actually transacting, but criminal organizations are also evolving in sophisticated ways. Overseas-based voice phishing criminal organizations use a variety of criminal methods, and in the case of Korea, people who contact people after writing a message on a job search site or community saying that they will pay a large amount of daily wages will only keep the bank account for a short time. They often use cut-and-dried methods, such as offering to pay if they lend money or instructing them to withdraw cash from a notified account. As crimes are committed in this way, there are bound to be many cases in which the delivery or collection agent, who is not the head or executive level of the organization, does as they are told without knowing the details and is arrested. Even if they were not accurately aware of the fact that they were illegally withdrawing phishing damages in cash, if there were suspicious circumstances, it would be considered intentional and unfiltered, so even if it is a first offense. Heavy punishment may be imposed. Attorney Shin Dong-hoon of Daeryun Law Firm advised, "As criminal methods are becoming more sophisticated day by day, the general public needs to be more careful. If you are involved in voice phishing, such as falling into the trap of a voice phishing organization and participating in a crime, you must take active measures to resolve the problem and reduce the sentence through a voice phishing lawyer with specialized legal knowledge." View full article. - If you are involved in a voice phishing incident, it is difficult to avoid criminal punishment (beyondpost.co.kr)

[Global Epic Reporter Lee Seong-su] Business embezzlement is a crime in which a person who keeps another person's property embezzles it or refuses to return it. It can occur in many places, including companies, organizations, and private gatherings. If found guilty, they are subject to imprisonment for up to 10 years or a fine of up to 30 million won. Although employees of financial institutions or accounting managers within companies are often involved, it can occur anywhere else as well. Even in private gatherings such as alumni associations or clubs, collecting and storing membership fees between members is considered business-related storage, so if public funds are used arbitrarily, the charge can be acknowledged. The work referred to in the crime of embezzlement does not only refer to cases performed by law or contract, but also includes cases of custom, de facto status, and cases in which the person is in a position to repeat the same act. Therefore, even if you do not perform work that directly deals with money, if you are in a position to store other people's property in reality, there is ample room for the crime of business embezzlement to be established. However, in order for business embezzlement to be established, the actor must be confirmed with intent to obtain it intentionally or illegally. The intention to illegally acquire property refers to the intention of a person who is entrusted with another person's property to dispose of the property for the benefit of himself or a third party, contrary to the purpose or purpose of entrusting the property. The intention to obtain illegal profits must be judged based on objective circumstantial evidence, such as the circumstances of the embezzlement, the amount of the embezzlement, and how it was used. It should also be taken into account that property crimes, such as business embezzlement, are subject to more severe punishment depending on the amount of damage caused by the embezzlement. If you have gained more than 500 million won through business embezzlement, you may be subject to imprisonment for a term of 3 years or more under the Act on the Aggravated Punishment of Specific Economic Crimes. The weight of punishment for embezzlement crimes is bound to vary depending on what charges are applied and recognized, and if the litigation process is prolonged, it becomes difficult for the parties involved. In addition, the facts are complex and it is difficult to secure evidence. Attorney Choi Han-sik of Daeryun Law Firm advised, “Business-related embezzlement is a case in which it is difficult to receive relief or resolve misunderstandings if the establishment requirements are not properly understood, so we must systematically respond to the investigation and trial by receiving legal assistance from a criminal lawyer with experience in cases in the relevant field.” View full article - Professional embezzlement is subject to criminal punishment equal to the amount of illegal embezzlement. It gets heavier (globalepic.co.kr)

Drunk driving, which involves driving after drinking alcohol and causing an accident, has a high recurrence rate and causes significant casualties and property damage when an accident occurs. Given that it is an act of threatening an unspecified number of people, the crime is not light, and caution is needed as it often results in the death of the victim. In particular, caution is needed in drunk driving because it can easily cloud rational judgment because the driver is in a drunken state. If a person is injured in a drunk driving traffic accident, the crime of causing death by dangerous driving is established under the Aggravated Punishment for Specific Crimes Act. If the victim dies, this is a case that can result in heavy punishment, including life imprisonment. In addition to criminal liability, civil and administrative responsibility cannot be avoided, and license suspension or license cancellation is issued depending on the blood alcohol level. Additionally, due to revisions to insurance standards, insurance payments for drunk driving accidents are sometimes denied, increasing the burden on the suspect. Fear of punishment when driving while drunk causes an accident, so they flee the scene without providing relief or reporting to the victim. In this case, you will be subject to severe punishment for hit and run. This only makes the punishment heavier as the crime of fleeing causing injury is applied. Traffic accidents caused by drunk driving are an act that threatens road safety, and there is a risk of being sentenced to prison even if there is no criminal record. If the victim suffers injury or death due to failure to take action after the accident, the crime is bound to be dealt with seriously. Drunk Driving Running away after a traffic accident is a serious crime, and anyone who makes a living by driving should not commit drunk driving or hit-and-run even for the sake of credibility. Help: Lawyer Won-gyun Cho of Daeryun Law Firm (Limited) Read the full article - [Interesting lawyer's story] Traffic accidents caused by drunk driving, you may be arrested if you run away - Daily Pop (dailypop.kr)

[Reporter Roishu Jin Ga-yeong] Despite the increasingly stringent punishment for drunk driving and the continued social atmosphere condemning drunk driving, traffic accidents caused by drunk driving are rarely severed. Drunk driving can be said to be a serious crime that threatens not only one's life, but also the victim's life. Drunk driving traffic accidents, which can lead to irreparable consequences due to wrong drinking habits, are serious in terms of damage, and even a minor accident can cause significant damage, so legal consultation is necessary for post-accident solutions, punishment, and compensation for victims. The Road Traffic Act prohibits drunk driving, and the court determines the specific sentence by considering the number of past drunk driving arrests and the circumstances of the arrest. At this time, if you have a history of habitual drunk driving, you will be punished more severely. In addition, if you drive a car while drinking and have a blood alcohol concentration of 0.03% or higher and are unable to make normal thoughts or judgments and cause a car accident, it is considered one of the 12 gross negligence offenses under the Traffic Accident Punishment Act, so even if it is your first offense, you will be indicted and tried and punished according to the level of the crime. Unlike general traffic accidents, if you cause an accident while drunk driving, regardless of whether there is agreement or insurance. It is difficult to avoid punishment. Unlike general traffic accidents, drunk driving traffic accidents that fall under the 12th category of gross negligence do not fall under the crime of wrongful action, so even if an agreement is reached with the victim, criminal punishment is inevitable. Therefore, if you become the perpetrator of a drunk driving traffic accident, there are limits to how an ordinary person can respond directly, and legal assistance from a professional lawyer is essential as a response strategy must be prepared by thoroughly analyzing the situation at the scene at the time of the accident. Attorney Oh Chang-geun of Daeryun Law Firm said, “Drunk driving traffic accidents “If you cause a traffic accident, it is a serious crime that is likely to result in aggravated punishment for violating the Special Act, so it is necessary to appoint a drunk driving traffic accident lawyer with extensive experience from the beginning and secure the elements of your sentencing as much as possible,” he advised. View full article - First-time offenders are also subject to aggravated punishment for drunk driving traffic accidents and violations of the Special Act (lawissue.co.kr)

[Global Epic Reporter Seongsu Lee] When self-employed people and businessmen run a business or store, many contracts are entered into, knowingly or unknowingly, and numerous credit and debt relationships are formed in the process. At this time, care must be taken with receivables, i.e. receivables, as they can easily cause business disruption if they are not returned on time. As for rights to receivables, various laws, including the Civil Code, stipulate a statute of limitations in which the rights are lost if the rights are not properly exercised within a certain period of time. Therefore, you must file a claim and collect the uncollected amount before the statute of limitations expires. Representatively, in the case of product payments, there are many cases where you wait and suffer losses because the statute of limitations has passed even though you are not receiving payment due to problems with the future transaction relationship with the other party. In such cases, it is difficult to unconditionally demand payment due to the burden of losing your supplier in the market, so even though you are the person who must receive the money while waiting for the return of the payment, there are various types of loans. Carrying the burden of interest, taxes, etc. increases the business burden. The statute of limitations for goods is stipulated to apply 3 years, which is the statute of limitations for commercial claims, pursuant to Article 163 of the Civil Act. However, since it starts from the date of payment, that is, the date on which the price is due, the prescription period is also applied differently for each contract. Therefore, when filing a lawsuit for the price of goods, the exact prescription period or the factors that stopped the prescription (filing a lawsuit or requesting a payment order) are applied differently. It is important to secure materials that can prove verbal or repayment reminders or proof of content). In addition, tax invoices and text messages exchanged during the transaction process with the other party can be used as evidence. “Problems related to uncollected payments that commonly arise in transaction (contract) relationships can be resolved through billing lawsuits,” said Jang Moon-gyu, attorney at Daeryun Law Firm. “Because the legal process is complicated.” He advised, “It is best to prepare with legal assistance from a lawyer specializing in damages.” Click here for the full article - It is necessary to proceed with a lawsuit to claim payment for goods before the statute of limitations for receivables, and even receive compensation for damages (globalepic.co.kr)

[Beyond Post Reporter Kim Min-hyuk] Infidelity refers to having an illicit relationship with someone of the opposite sex other than one's spouse, and this is a clear ground for divorce under civil law. With the abolition of adultery in 2015, criminal punishment for those who committed adultery with the other spouse became impossible, but it is possible to claim alimony in the concept of compensation for damage caused by infidelity. Under civil law, a lawsuit can be filed for alimony for infidelity against a spouse who committed an affair and the adulterer, and since it is a separate case from the divorce proceedings at trial, alimony can be claimed only for the adulterer without proceeding with the divorce from the spouse. The statute of limitations for claims for incest and incest data is A lawsuit must be filed within 3 years from the date of learning of the affair and within 10 years from the first period of the affair. Compensation varies depending on the reason for the fault, but is usually set at around 10 million won to 30 million won. The purpose of these adulterous lawsuits is to obtain satisfactory compensation, so it is important to prepare the lawsuit carefully. First, it must be proven with objective evidence that the at-fault spouse and the adulterer have continued to have an illicit relationship. This is because in order to receive compensation, there must be clear evidence that the family was broken up due to an affair with a married person and that the spouse suffered mental damage as a result. As evidence of infidelity, a variety of materials can be used, such as messenger conversations between spouses and infidelity, SNS history, and vehicle black boxes. Such infidelity evidence, when obtained through illegal methods such as through a detective agency or errand center, is not only not recognized by the court as evidence, but is also subject to criminal punishment in many cases, so it must be collected through legal procedures. Attorney Kwak Hye-jin of Daeryun Law Firm said, “If you find out about your spouse’s affair, only the emotional part is involved. He advised, “It is not right to claim first, and the process of collecting evidence and the results must all be legal and clear in order to obtain a favorable result for you.” He added, “Even if you do not divorce, you can only claim alimony from the adulterer. If you cheat again after the lawsuit, you can file a lawsuit repeatedly, so it is better to respond with the legal assistance of a divorce lawyer.” See the full article - Incestuous person lawsuit, alimony claim lawsuit without divorce It’s possible (beyondpost.co.kr)