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Legal Intellectual

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Q

Will I be punished even if I indirectly participated in a crime (accomplice)?

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While concluding a business contract between companies, we paid a deposit, but the other party refused to perform the contract and notified us they won't proceed. We demanded double indemnification of the deposit, but they refuse to pay. I'd like to know what procedure a company should follow to respond in this case.

accomplice

accomplice punishment

aiding and abetting

A

Answer to Related Inquiry

Not only the principal offender who directly commits the crime, but also those who aided the crime of the principal offender, that is, the criminal who personally executes the crime, are subject to criminal disposition.

Article 30 of the Criminal Act (Co-principals) When two or more persons jointly commit a crime, each shall be punished as the principal offender of that crime.

Article 32 of the Criminal Act (Accomplice) (1) A person who aids another person's crime shall be punished as an accomplice.

(2) The sentence of an accomplice shall be reduced from that of the principal offender.

If there were direct acts of assistance or participation, they will be classified as co-principals, etc., and punished as principal offenders.

An accomplice receives a more reduced disposition than a co-principal.

Therefore, if you are in the position of an accomplice, you must argue that you actually had no involvement in the deceptive act.

You should emphasize that you did not directly participate or conspire, that it was an event that occurred at the request of the principal offender, and that there is no benefit obtained through the relevant crime.

In addition, sincere reflection and recovery of damage are sentencing factors that can result in reduced sentences in criminal cases, so it is good to establish a sentence reduction strategy.

Together with a criminal specialist attorney, predict the punishment based on direct/indirect participation in the crime and prepare a response plan.

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