Case of assistance in violation of special price law | Non-delivery of clients accused of special price law and multiple criminal charges

In this case, the key issue was whether the dangerous behavior while moving the vehicle claimed by the other party actually constituted a violation of the Special Price Act.

The other party is the clientClaimed that he had acted in a manner that could cause harm by demanding money repayment while moving the vehicle.I was doing it.

Accordingly, the criminal lawyer submitted theWe comprehensively review text messages, SNS conversation history, and call records, and collaborate with our law firm's Digital Forensics Center to closely analyze the circumstances at the time of the incident.I did it.

As a result, there is a difference between the dangerous situation claimed by the other party and the actual situation.There were some differences, and there were parts where it was difficult to conclude that there was an immediate risk of accident or intention to cause direct harm during the actual vehicle operation process.was able to confirm.

In addition, we organized the conversation flow and actions during the vehicle movement in chronological order, and prepared a response strategy focusing on the fact that the actual incident cannot be viewed as a one-sided threat situation as claimed by the other party.

The other party was expanding criminal proceedings against our client, claiming that it was repeated threatening behavior, not only for his actions while moving the vehicle, but also for subsequent contacts.

Furthermore, the client claimed that he had continuously sent pressuring contacts and messages that created anxiety to him and his family.

Accordingly, the criminal lawyer based on the statements and materials submitted by the other partyObjectively analyze the actual number of contacts, call connection status, message content, etc.I did it.

As a result, although there were circumstances in which some of the contacts were made in relation to the issue of money return, it was not at the same level as the other party's claim.The intention to cause direct harm or the circumstances causing continued fear were not clearly confirmed in the objective data.

In addition, the response logic was structured around the fact that there were differences between the threatening messages sent to the family and the actual data, and we helped to contest the credibility of the overall accusation.

In criminal cases, the direction and outcome of the investigation can vary depending on the initial statement, so police investigation response is very important.

In addition, as this incident involved issues related to the circumstances at the time the vehicle was moved and the circumstances of subsequent contact, it was necessary to organize the entire incident flow so that only some expressions or actions were not interpreted separately.

Criminal lawyer Daeryun consults with the client several times before the investigation.Organize the circumstances in which financial problems occurred, the circumstances at the time of vehicle movement, and actual contact details in chronological order.I did it.

In addition, we systematically prepared expected questions and answers by carefully reviewing the other party's claims for factual inaccuracies and misleading expressions.

Based on this information, we were present during the police investigation to correct any undue pressure or direction of statements and review the suspect's interrogation report.

We helped the client maintain a consistent statement based on the facts rather than reacting emotionally during the investigation process, and led the investigative agency to review the circumstances of the case more comprehensively.

This case involved issues related to the Aggravated Punishment Act for Specific Crimes (Assault on Drivers) and allegations of intimidation in the course of a financial conflict that occurred after the end of a romantic relationship.

especiallyThe other party filed a criminal complaint, claiming that the client engaged in dangerous behavior that could cause harm while moving the vehicle, and continued to send repeated threatening and pressurizing messages thereafter.I did it.

During the investigation process, it was confirmed that the main issue was whether the behavior that occurred while driving the vehicle was at the level of a simple emotional conflict or whether it was an act that could cause actual driving danger.

The punishment levels for each related charge are as follows.

Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment for Assault, etc. on Drivers of Driving Cars)

Criminal Law Article 283 (Intimidation)

In this way, even if an action occurred during a financial issue or relationship conflict, it can escalate into several criminal cases depending on the situation, so it is important to systematically organize the facts and objective data from the beginning and confirm the direction of response.

In cases of violation of special laws related to driver assault, the key factors to be considered are whether there was a possibility of danger occurring during actual driving and the extent of the act.

Even if it is the same actionLegal judgments may vary depending on the vehicle's driving condition, circumstances at the time, and actions taken.

Investigative agencies generally comprehensively consider the following factors to determine whether charges are warranted.

If only some scenes or expressions are interpreted separately, there is a possibility that the situation may be judged differently from the actual situation, so it is important to organize the entire flow of the event in detail.

If you treat an incident of assault or intimidation against a driving car driver as a simple argument and respond complacently, there is a possibility that it may lead to heavier criminal liability than expected.

If only some scenes or statements are emphasized, actions that occur while the vehicle is moving may be interpreted as a dangerous act differently from the actual intention.

For this reason, in the initial investigation stage,The process of organizing the situation, conversation flow, and action sequence at the time of vehicle operation in detail based on objective data.This is important.

Daeryun, the 9th largest law firm in Korea (based on 25 years of VAT reporting to the National Tax Service), provides customized legal services for each case by systematically analyzing the situation at the time of vehicle movement and the differences between the other party's claims and objective data from the initial consultation stage of the case.

Also, if necessaryIn collaboration with the Digital Forensics Center, we analyze deleted data and conversation flows, and systematically assist in the direction of investigation response to prevent adverse statements or misunderstandings during the police investigation process.I'm doing it.

If you are in a situation where you need legal advice because you are facing a police investigation or criminal proceedings on suspicion of violating the Special Price Act, please contact us anytime 🔗Legal consultation reservationPlease review the direction of response through .