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Press Coverage

Numerous media outlets recognize the expertise of Daeryun Law LLC.
Explore interviews, legal commentary, and columns by Daeryun lawyers.

Yonhap News
2022-06-14
피해자 측 "르세라핌 김가람 학폭가해 사실…2차가해 멈춰달라"
Victim's side "It's true that Le Seraphim Kim Garam committed school violence... Please stop the secondary assault."
As suspicions of school violence surrounding Kim Garam, a member of Le Seraphim, who attracted attention as 'Hive's first girl group', are growing, the victim has revealed that the school violence was true. In a statement released on the 19th through her legal representative, Daeryun Law Firm, Victim A said, "I suffered school violence from Kim Garam and her friends around late April to early May 2018, and after that, I could not endure the continued group violence, so I moved to another school. Mr. A said, "As a result of the autonomous school violence committee held on June 4, 2018, Garam Kim, a student who committed school violence, was ordered to complete 6 hours of special education and 5 hours of special education for parents." Regarding the veracity of the "autonomous school violence committee result notice" recently released in an online community, Mr. A said, "The contents are consistent with the result notification submitted by Mr. A." It states that the measures taken under Articles 16 and 17 of the 'School Violence Prevention and Countermeasures Act' are notified, and the perpetrator is listed as 'Kim Garam, Grade 1, Class 3,' and opinions are divided as to its authenticity. Mr. A's side complained that he has been receiving malicious criticism and threats since the suspicion of Kim Garam's school violence arose. Mr. A's side said, "People who do not know are 'maliciously slandering' and 'out of jealousy.' He claimed, "He received malicious criticism for 'slandering' and some of the posts even threatened him by publishing A's photo." After his agency, Source Music, denied the allegations, saying, "This is a matter of cleverly edited and maliciously slandering," regarding the suspicion of involvement in school violence, Mr. A's side said that the secondary perpetrators became more severe. Mr. A's side said, "We filed a complaint with the Guro Police Station in Seoul against people who made false comments to the effect that Mr. A wrote an expose about Kim Garam." He stated, "We submitted the victim's statement to Hive as proof of contents." He added, "We did not ask for any compensation (from Hive), and urged Hive to delete the statement that was different from the facts and to express a position based on the facts again, but Hive did not respond." Mr. He said, "The victims and their guardians desperately want to stop secondary assaults," and warned, "If Hive maintains its existing position without a true apology, we are considering making public the full report of the results of the Autonomous School Violence Countermeasures Committee." Mr. A's side said, "Hive and its affiliate Source Music must be very careful to prevent secondary assaults," and added, "For young students, the experience of group harassment is deep in their hearts." He emphasized, “We must strictly recognize that it remains as a scar and cannot be reversed by any compensation or treatment.” See full text of the article - https://www.yna.co.kr/view/AKR20220519150500005?input=1195m
Media Fine
2022-06-13
증가하는 디지털 성범죄 피해, 전문 형사법적 조력 필요 [심재국 변호사 칼럼]
Increasing damage from digital sex crimes, need for professional criminal legal assistance [Lawyer Jaeguk Shim’s column]
The number of teenagers who have been victims of digital sex crimes has increased more than tenfold in the past three years. According to the Digital Sex Crime Victim Support Center, the number of victims of digital sex crimes, which was 1,315 in 2018, increased 3.7 times in three years to 2,087 in 2019 and 4,937 in 2020. Among them, the number of teenage victims classified as children and adolescents increased 10.8 times in three years, and the proportion of teenagers among all age groups increased 2.8 times. increased. There was a significant increase, with figures such as 111 people (8.4%) in 2018, 321 people (15.4%) in 2019, and 1,204 people (24.2%) in 2020. These digital sex crimes refer to sex crimes that occur online and offline through digital devices and information and communication technology. It includes all acts that violate the sexual autonomy and personality rights of others in cyberspace, including filming, distributing, storing, and displaying another person's body without consent. The N Room incident, which caused social outrage, also constitutes a digital sex crime. The scope of digital sex crimes includes pornography for children and adolescents, including those filmed through threats, coercion, grooming, etc., illegal recordings using modified cameras, synthetic edits (deepfakes), etc. The punishment for digital sex crimes is by no means light. In the case of illegal filming, pursuant to Article 14, Paragraph 1 of the Special Act on the Punishment of Sexual Crimes, etc., a person may be subject to imprisonment for up to 7 years or a fine of up to 50 million won. Possession, purchase, storage, or viewing of digital sex crime materials may result in imprisonment of up to 3 years or a fine of up to 30 million won. Digital sex crimes against minors, teenagers, are punishable by adults as stipulated in other laws in accordance with the Act on the Protection of Sexual Crimes of Children and Adolescents (Acheong Act). Compared to sex crimes, more severe punishment is imposed. Producing sexually exploitative material targeting minors is punishable by life imprisonment or a fixed term of imprisonment of more than 5 years. Violation of the Sexual Harassment Act is a very serious crime, so there is a high probability that even a first-time offender will be sentenced to prison. This is because only imprisonment without a fine is provided for most sex crimes against minors, and in addition, strong security measures for sex crimes such as registration and disclosure of personal information, disclosure of notices, and employment restrictions are also imposed. Digital sex crimes are crimes that are strictly punished because the offender's criminal awareness is low due to the nature of the crime occurring online and the victim suffers enormous psychological damage. Even though related policies have been revised and laws have been strengthened, digital sex crimes are still prevalent. The damage caused by solicitation laws targeting minors is moving from SNS to the metaverse. If you are approached through the metaverse under the pretext of role-playing or situational play, which leads to online sexual harassment, or if it leads to direct harm offline, you need to respond with the help of a criminal lawyer. (Attorney Jae-guk Shim, Daeryun Law Firm) View article - http://m.mediafine.co.kr/news/articleView.html?idxno=12912
Law Newspaper
2022-05-25
심재국 변호사 “보이스피싱 알바, ATM 통해 피해액 송금했을 때 처벌 수위는”
Attorney Shim Jae-guk: “What is the level of punishment for voice phishing part-time jobs and when the damage is remitted through an ATM?”
It can be said that most voice phishing suspects are job seekers, including the young and middle-aged. You need to be careful because on internet job search sites, there are advertisements posted by voice phishing organizations for high-paying part-time jobs paying hundreds of thousands of won per day. Criminal organizations approach job seekers who are lured by low-intensity but high-per-day jobs, such as debt collection, real estate agencies, errands, couriers, and office assistants, and then instruct them to participate in crimes by using cash as a collection method to receive money directly from victims, handing over accounts to unidentified people, and withdrawing and transferring money from bank automated machines. There are also cases where personal information is obtained and used for crimes, such as by asking job seekers for credit cards or bank accounts. If you commit a ‘face-to-face extortion’ crime by impersonating a financial institution and meeting the victim in person to receive cash, you can be punished for fraud or aiding and abetting fraud. If you hand over your bankbook or card, you will be punished for violating the Electronic Financial Transactions Act. Currently, banks, together with the Supreme Prosecutors' Office, display advance warnings about voice phishing when making ATM transfers, and limit non-media deposit transactions to 1 million won per person per day to prevent crime. To make a deposit using a bank ATM machine, you must directly enter your name, resident registration number, and mobile phone number. You should be aware that if you make a ‘split transfer’ of 1 million won to a designated account using a bank ATM machine, you may be prosecuted not only for fraud but also for obstruction of business and violation of the Resident Registration Act. If a person is found guilty of fraud, he or she may be punished by imprisonment for up to 10 years or by a fine of up to 20 million won. If he or she is found to be guilty of fraud, he or she can be punished by imprisonment of up to 5 years or by a fine of up to 10 million won. Violation of the Electronic Financial Transactions Act is punishable by imprisonment of up to 5 years or a fine of up to 30 million won. Obstruction of business is punishable by imprisonment for up to 5 years or a fine of up to 15 million won. If you illegally use another person's resident registration number, you may be subject to imprisonment for up to 3 years or a fine of up to 30 million won. Recently, prosecutors are indicting additional charges of obstruction of business by considering the act of making non-media deposits using automated devices as interfering with banking operations. There are also cases that have resulted in convictions in similar cases. However, according to the legal community, the Supreme Court ruled that the crime of ‘obstruction of business by hierarchy’ cannot be applied to fraudsters who transferred cash using other people’s personal information. This is a question of whether obstruction of business is established due to hierarchy. The crime of obstruction of business is a provision that punishes a person who interferes with a person's work by means or force. Although there must be a misconception or misconception about the work of another party to constitute a hierarchy, the Supreme Court appears to have ruled that there is no reason to consider that the use of an ATM machine involves the work of a bank employee. Once you have received and followed the instructions of a voice phishing organization, it may be difficult to avoid punishment. In a voice phishing case where various legal principles can be applied, caution must be exercised because if even the slightest suspicion is found in the circumstances, the intentional omission will be recognized and lead to criminal punishment. If you are wrongfully accused, you will need to thoroughly establish from a legal perspective that it was not intentional. If you have fallen victim to a voice phishing scheme and are in trouble, you may need to ask a criminal lawyer for help. View article - http://www.beopbo.com/news/articleView.html?idxno=309688
YTN
2022-05-20
김가람 학폭 피해자 측 “하이브 입장 정정 없을시 욕설 메시지 공개” (공식입장)
Garam Kim, a victim of school violence, said, “If there is no correction from Hive, abusive messages will be released” (official statement)
As suspicions of the perpetrator of school violence arose surrounding Mr. Le Seraphim Garam Kim, the victim released a statement through a law firm. On the afternoon of the 19th, Eunseo Yoo (pseudonym), who was a victim of school violence by Garam Kim, released a statement through Daeryun Law Firm. Regarding the report on the results of the Autonomous Committee for School Violence Countermeasures, which was previously released through an online community, Eunseo Yoo's side said, "The report on the results of the Autonomous Committee for Countermeasures against School Violence, the authenticity of which is controversial, was not handled by this law firm. “The contents are consistent with the report on the results of the Autonomous School Violence Countermeasures Committee, signed by the principal of Gyeongin Middle School, submitted by the client,” he said. “The victim (pseudonym ‘Yoo Eun-seo’) was subjected to school violence by Kim Garam and his friends around late April to early May 2018. Unable to endure the group bullying that continued thereafter, she transferred to another school within 1 to 2 weeks of the incident. Afterwards, the School Violence Countermeasures Autonomous Committee was held on June 4, 2018, and Kim Garam, the perpetrator of school violence, was in violation of the School Violence Prevention and Countermeasures Act. According to Article 17, Paragraph 1, Item 5, she was required to complete 6 hours of special education, and pursuant to Article 9, Paragraph 9, she was required to complete special education for parents. Yoo Eun-seo, a victim of school violence, received protective measures such as psychological counseling and advice in accordance with Article 16, Paragraph 1, Item 1 of the same Act.” In addition, Yoo Eun-seo’s side said, “Despite the fact that she transferred schools of her own volition because she could not endure the continued group harassment. “I had a hard time even after transferring because I was plagued by malicious rumors that ‘I was forced to transfer because of Yoo Eun-seo’s fault,’” he said. “About four years later, around April 2022, Garam Kim was revealed as a member of Le Seraphim, and friends who knew about the incident at the time contacted Eun-seo Yoo and expressed their anger, saying, ‘How can a perpetrator of school violence become a celebrity!’ He added, "I was very stressed by the thought of having to continue to see the perpetrator living a glamorous life as a celebrity through the mass media." Afterwards, Yoo Eun-seo's legal representative revealed that after a post alleging abuse by Kim Gar-ram, which she did not write, was posted on an online community bulletin board, the victim's real name was revealed through a comment, and she received various malicious messages and even threats through Facebook messages and Twitter posts. In addition, Yoo Eun-seo's legal representative responded to the expression 'malicious harm' in the statement first released by Le Seraphim's agency, Hive, saying, "As Hive's statement above was added, the indiscriminate secondary harm against Eun-seo Yoo became more severe. As a result, Eun-seo Yoo cried and said, 'It will only end when I die,' and refused to go to school. Eun-seo Yoo's guardian sent a letter to Hive to this law firm. Regarding this, we have entrusted the sending of a content certificate to the victim's position and a criminal complaint against comments to the effect that Eunseo Yoo posted an expose about Garam Kim,” he said, adding that a criminal complaint related to this has been filed at the Guro Police Station in Seoul and a content certificate has also been sent to Hive. The content certificate sent to Hive contains the details of the collective harm committed by Garam Kim against Eunseo Yoo, and the current situation suffering from the misunderstanding that Garam Kim was maliciously harmed by Garam Kim. The situation, Yoo Eun-seo's petition, and the report on the results of the Autonomous School Violence Countermeasures Committee were attached. In addition to the proof of contents, Yoo Eun-seo's side said, "We urged you to delete the statement that is different from the facts, to express your position based on the facts again, to express an apology to the victims, and to not express a position that is different from the facts based on the one-sided statements of Garam Kim and his friends in the future." He added, "However, Hive did not respond to this and pretended that nothing had happened." Garam Kim's entertainment activities continued," he said. It was shocking to hear that due to the continued broadcasting activities of Le Seraphim, Eunseo Yoo made an extreme attempt and announced her intention to drop out of school. Next, Eunseo Yoo's side said, "If Hive continues to maintain the position that 'the allegations are malicious slander and Garam Kim is the victim' without a true apology to the victim, this law firm will include a case summary to protect the victim who is a minor. We are also considering disclosing the full report of the results of the Autonomous School Violence Countermeasures Committee, and disclosing the victim's detailed statement about the horrific reality of school violence at the time, which was not included in the case summary, as well as the full text of the message containing profanity aimed at calling the victim to the scene of the group assault," he said. "We hope that Hive and its subsidiary Source Music will pay special attention to this to prevent further secondary assaults." Warned. View article text - https://star.ytn.co.kr/_sn/0117_202205191713394604
Maeil Business Newspaper
2022-05-17
"환율 쌀때 샀는데 배송 취소하라니"…해외직구 갈등 커져
“I bought it when the exchange rate was cheap, but they told me to cancel the delivery”… Increasing conflict over overseas direct purchases
As the logistics flow was blocked due to the blockade of Shanghai, China, direct overseas delivery was delayed, and the exchange rate soared in the meantime, increasing conflict over the delivery of imported goods. There are times when a transaction needs to be canceled due to long-term delays in delivery. This is because the price of imported goods is rising rapidly as the exchange rate has risen more than 5% in the past six weeks since the blockade was imposed. Mr. A purchased Dior J'Adore perfume through Coupang in early April, but did not receive the product even after the two weeks indicated as the delivery period. After waiting for another week, Mr. A contacted Coupang and received a response that the product had cleared import customs and was being delivered domestically. However, after waiting for another week, the product did not arrive, so when Mr. A once again complained to Coupang, this time he was asked to cancel the payment because the product was lost. The reason the company requested cancellation of delivery is because the selling price of perfume has risen sharply in the past month when delivery has been delayed. Mr. A explained, "In early April, it was easy to find products in the 100,000 won range for 100 ml, and I found a place that sold them at the cheapest price and purchased a product in the 80,000 won range." He added, "If you want to buy the same product now, you have to pay 120,000 to 130,000 won." As the seller said, if you cancel the payment and purchase a new product, you have to pay an additional amount of 20,000 to 30,000 won. Myeong Hyun-jun, a lawyer at Daeryun Law Firm, said, "If the merchant does not deliver the goods to the buyer after signing the sales contract, the merchant is responsible for the delay, and the merchant must also be responsible for any extended damages incurred as a result." He then added, “It appears that consumers are having difficulty in compensating for damages because it is such a small amount that it is not realistically easy for them to file a lawsuit.” See full text of the article - https://www.mk.co.kr/news/society/view/2022/05/417356/
Tax Daily
2022-04-27
음주측정거부, 음주운전보다 처벌 가볍지 않아
Refusal to take a breathalyzer test is not a lighter punishment than drunk driving.
Most drivers lie or refuse to take a breathalyzer test because they are afraid of being criminally punished when they are caught driving under the influence of alcohol. However, the penalty for refusing a breathalyzer test is quite severe, with imprisonment of up to 5 years or a fine of up to 20 million won, so if you make a mistake, you may receive a more severe punishment than if you admit to drunk driving and reflect on it. Drivers must comply with the breathalyzer request, and if they refuse to take a breathalyzer test without any good reason, they will be arrested and punished for refusing a breathalyzer test. Refusal to take a breathalyzer test is not established just because you refuse a police officer's request once. Police officers are required to request a breathalyzer test at least three times at five-minute intervals, and can only be punished for refusing a breathalyzer test when these requests are refused more than three times. Nevertheless, if you refuse a breathalyzer test, if you have a strong will to reflect and there is a need for relief from license revocation or mitigation of punishment, you can seek help from a legal expert. According to criminal lawyer Shim Jae-guk of the Daeryun Law Firm, in fact, not long ago, Mr. A stopped by a store while driving home after drinking. Since the store was close to my house, after running errands, I drove from the store on my own and was subject to a DUI test. Mr. A, who had a record of drunk driving in the past and wanted to avoid the test, was at risk of being punished for refusing a breathalyzer test, so he decided to get help from a criminal lawyer. Daeryun Law Firm said that the client used a designated driver after drinking alcohol with the will not to get behind the wheel while drunk, that the client sent the designated driver away from the store in front of the house, stopped by the store, and drove only the short distance to the house on his own. He had a history of drunk driving in the past, so he reflexively refused the breathalyzer test out of fear of punishment. In fact, he is reflecting on all of these facts, and considering the fact that he has been visiting the Addiction Management Integrated Support Center and providing psychological counseling several times to prevent reoffending, the fact that the livelihood of his dependents is at risk when the defendant is detained, and the fact that the vehicle was disposed of after the accident, he appealed for maximum leniency within the law and was able to receive a suspended sentence. Recently, professional response at each stage of investigation, including the adjustment of investigative powers by the prosecution and police, is becoming more important. Daeryun Law Firm “Drunk driving is of course an action that should not be done, and refusing to be measured is also difficult to avoid punishment, but in unavoidable cases, it may be helpful to seek advice from a criminal lawyer to reduce punishment,” he explained. Criminal lawyer Shim Jae-guk said, “We plan to provide realistic and sharp interpretation of the law through an experienced chief prosecutor, attorneys from former departments, and advisors from police departments.” He continued, “Lawyers from former departments will play the leading roles in the criminal center and its departments.” “We expect that we will be able to further increase our overall business capabilities,” he added. Meanwhile, Daeryun Law Firm operates 21 branches across the country, including Cheongju, Jinju, Chuncheon, Jeonju, and Cheonan. View article text - http://www.joseilbo.com/news/htmls/2022/04/20220427453076.html
Tax Daily
2022-03-10
법무법인 대륜, 부장검사 출신 김근수 변호사 영입
Daeryun Law Firm recruits attorney Kim Geun-soo, former chief prosecutor
Daeryun Law Firm announced on the 7th that it has additionally recruited attorney Kim Geun-soo, a former chief prosecutor of the Busan District Prosecutors' Office. Considering the fact that professional response at each stage of investigation, including the coordination of investigative authority by the prosecution and police, has recently become more important, Daeryun Law Firm decided to recruit Attorney Kim to strengthen the expertise of the Criminal Investigation Center. It is expected that the joining of lawyers from previous departments will enable a thorough response to various criminal lawsuits. Attorney Kim, who graduated from Seoul National University Law School, was appointed as a prosecutor at the Seoul District Prosecutors' Office and worked at the Seoul District Prosecutors' Office and the Gwangju High Prosecutors' Office as the chief prosecutor of the 5th and 3rd criminal divisions of the Seoul Eastern District Prosecutors' Office and the chief prosecutor of the 1st criminal division of the Busan District Prosecutors' Office. Shim Jae-guk, representative attorney of Daeryun Law Firm, said, "The recruitment of experienced lawyers this year is to strengthen the criminal center. “With the recruitment of lawyers who were former deputy chiefs and chief prosecutors with ample practical experience, we have been able to further strengthen our expertise and ability to respond to criminal cases,” he explained. “We plan to provide realistic and sharp legal interpretations by leveraging the experiences of lawyers who were former deputy chiefs and chief prosecutors and police expert committee members.” He added, “We expect that lawyers from previous departments will play a leading role in further enhancing the criminal task center and other overall work capabilities.” Daeryun operates 20 offices across the country, including Seoul, Busan, Suwon, Cheonan, and Jeju. View full article - http://www.joseilbo.com/news/htmls/2022/03/20220307448270.html
Media Fine
2022-02-28
 미성년자 의제강간 무조건 처벌, 10대 청소년 범죄도 주의
Unconditional punishment for false rape of minors, caution against crimes committed by teenagers
As violent crimes targeting vulnerable children and adolescents and runaway teenagers continue to occur, it is emerging as a social problem. Experts also point out that the problems of sexual exploitation of runaway youths who have nowhere to go, juvenile offenders, and criminal juveniles are also serious. There are increasing cases of teenagers exposed to crime-ridden areas boldly committing heinous crimes and abusing their status as minors. Among criminal crimes, sexual exploitation of minors and sexual crimes are serious. Examples include cases where a teenager was arrested for illegally filming a colleague with a cigarette, or was arrested for molesting or sexually assaulting a school classmate. Even if the perpetrator is young and falls under a juvenile protection case, if the case is serious, they are not only arrested but also punished under the criminal law rather than the family court. According to the current law, if you are under the age of 14 to 19, you are criminally responsible and can be subject to criminal procedures and punishment depending on the seriousness of the crime. Even if it is your first offense, it can lead to a prison sentence, so you should not take juvenile crimes lightly and actively deal with them. Caution must also be taken in cases where adults over the age of 19 request sexual exploitation or prostitution from minors. If a person engages in sexual intercourse under the pretext of protection, he or she may be punished as false rape of a minor. According to the Criminal Act, if an adult consensually engages in sexual intercourse with a minor under the age of 16, he or she shall be punished equivalent to the crime of rape. Unlike general rape, rape of a minor is a crime regardless of assault, threats, or consent of the victim. Same as rape, you can be sentenced to 3 years or more in prison. If it is found to be rape rather than constructive rape, the sentence may be more severe. According to the current Supreme Court 2021 Sentencing Guidelines, the sentence for constructive rape against a person under the age of 13 is more than 8 years. If there was sexual intercourse, the sentence applied may vary depending on the circumstances of the crime and the age of the victim, but in most cases, measures are needed as sex offender security measures are imposed along with imprisonment. Our laws do not broadly recognize the sexual freedom of minors. Rape, which involves sexual exploitation of young people who need to be socially protected, or even involves assault or intimidation, is subject to more severe punishment than general criminal crimes, such as imprisonment for life or more than 5 years under the Child and Adolescent Sexual Protection Act. If there are unfair aspects of the facts, legal assistance from a criminal lawyer may be needed for the related case rather than stating that it was consensual. (Daeryun Law Firm Chanwoo Jeong) Lawyer) View article text - http://mediafine.co.kr/news/articleView.html?idxno=12348
Maeil Business Newspaper
2021-11-04
제이세라 "수면제 먹고 잠든 상태서 성범죄 당해, 법적대응"
J. Sera "I was sexually assaulted while asleep after taking sleeping pills, taking legal action"
Singer J. Sera (33) has taken legal action, directly refuting Mr. A's claim that he threatened to falsely report sexual assault. J-Sera's legal representative, lawyer Choi Yi-seon of Daeryun Law Firm, said in an official statement on the 3rd, "J-Sera was sexually assaulted by the other party while asleep after taking sleeping pills on the night of August 16, 2021. After the incident, the other party continued to confess his love to J-Sera and said that he truly liked J-Sera. It is true that he behaved as if nothing had happened.” However, Mr. A later boasted that he had sexual contact with J. Sera, and J. Sera, who was angry, asked, “How can you rape me while I was asleep after taking sleeping pills, and then brag about it to people around you?” Attorney Choi explained, “When J. Sera said to the other person, ‘You knew that I took sleeping pills, but that was rape,’ the other person said, ‘I took sleeping pills. He said, "I didn't know at the time, and I found out a few days later," as if he was avoiding responsibility, and said, "The recording file on YouTube was arbitrarily edited by the other party, and J-Sera has the original and plans to submit it to the investigative agency." In addition, regarding the claim that J-Sera called Mr. “It was made clear that the purpose of the invitation to the lodging establishment was ‘a gathering of various influencers for video filming,’ but the other party maliciously edited the contents and made false claims as if J. Sera had booked the lodging establishment and approached the other party with sexual intentions.” He also explained, “As Sera Music is a small private agency, it uses J. Sera’s home as an office for company-related meetings, etc., so acquaintances and employees must frequently visit the house for work. People knew the password to the house, and the other party was fully aware of this fact. Therefore, it is also a one-sided claim by the other party to interpret the invitation to the house as sexual intent. Attorney Choi hinted at legal response, saying, “We have carefully reviewed the evidence and legal principles of this case, and have confirmed the evidence and a satisfactory explanation for the parts you are curious about, and will file a complaint against the other party for quasi-forcible harassment and defamation and proceed with due legal procedures.” A post titled ‘I am being threatened by famous singer J’ was posted on the community. According to the post, Mr. A, who became close with J while working with him, later engaged in skinship at J’s house and when J confessed to him, he rejected it. Afterwards, J suddenly claimed that he had been ‘sexually assaulted’ and started swearing and threatening her. As evidence for this, Mr. A also revealed some of the KakaoTalk conversation messages he shared with J. The conversation contained content in which J conveyed his friendliness to Mr. A and told her his home password, etc. J-Sera, who was later identified as Miss J, said on the 30th of the same month, "He is not my ideal type at all and I have never felt attracted to her, so he tried to inflict this kind of damage on me, who refused to confess to me, so I feel even more hurt and I feel sorry for him." He said, "I plan to respond to matters related to defamation." J-Sera, who debuted with 'Lonely Night', released songs such as 'I Don't Have Me', 'Fever', and 'I Love You'. In addition, she participated in the OST of many dramas such as 'A Woman's Secret', 'Shine Eunsu', 'Summer, Please Take Care of Me', and 'Elegant Mother and Daughter'. View full article - https://news.naver.com/main/read.naver?mode=LSD∣=sec&sid1=001&oid=009&aid=0004874057
Maeil Business Newspaper
2021-10-27
2억 받아간 현금수거책에 집행유예?... 보이스피싱 판치는데 처벌 솜방망이
Probation of execution for cash collection scheme that took 200 million won?... Punishment is mild for voice phishing rampant
Telephone financial fraud (voice phishing) techniques are evolving from bank transfer methods to receiving cash directly, but the level of punishment is actually lowering. The so-called 'cash collectors' who come to receive cash directly are key participants in voice phishing, but the number of them being sentenced to probation or acquitted is increasing. According to the legal community on the 26th, Mr. A (43), who participated in voice phishing as a cash collector and caused more than 200 million won in damage to a total of 11 people, was sentenced to probation last February. Defendant A was looking for a part-time job through a recruitment site at the end of November last year, received an offer from a voice phishing gang member, and took on the role of a cash collector. Mr. A met the victim, pretended to be an employee of a financial institution, and deceived the victim again and received the cash. Then, by transferring cash to a designated account, a total of 217.5 million won in cash was received 16 times from a total of 11 victims in December last year alone. This means that each victim suffered an average of 20 million won in damage. Mr. A was found guilty of 'fraud' as an accomplice to voice phishing, but the punishment sentenced to him was only 120 hours of community service and a fine of 4 million won. The reason for the sentencing was, "Although he suspected voice phishing and accepted it, it is difficult to say that he wanted to participate in the crime or accepted it emotionally." A court official said, "There are many cases where cash collectors intentionally participate in the crime without completing the crime, and the public is not aware that this is also an accomplice to the voice phishing crime. Therefore, even if the punishment is severe, it is difficult to expect the effect of preventing lower-level gang members from being involved in the voice phishing crime." The reason was revealed. This trend can also be seen in recent Supreme Court precedents. Last June, the 1st Division of the Supreme Court (Chief Justice Park Jeong-hwa) confirmed the innocence of Mr. B (40), who was deceived by a job advertisement and served as a cash collector for a voice phishing crime. The first trial sentenced Mr. B to one year in prison, concluding that he had 'unintentional intent' to commit fraud. On the other hand, the second trial overturned the first trial ruling and declared him not guilty. This is because it is difficult to say that the recognition that one's actions were related to voice phishing has been proven beyond a reasonable doubt. Myung Hyun-jun, a lawyer at Daeryun Law Firm, said, "The people in charge of voice phishing and those responsible for managing them mainly live overseas, so arrests are often difficult to make. In the past, cash collectors were easily recognized as accomplices to fraud and were sentenced to prison similar to the actual offender in most cases, but recently, it has become easier to admit intent to aid." He explained, "As there is discussion about whether this is the right decision in terms of criminal policy, the level of punishment is decreasing somewhat." See full text of article - https://n.news.naver.com/article/009/0004869992
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