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Recently, Mr. A, in his 50s, who was involved in a cash collection scheme without knowing that it was a voice phishing organization, was acquitted in the appeals court. He was sentenced to 1 year and 6 months in prison in the original trial, but was found not guilty by the appellate court ruling that it is difficult to say that he participated in the crime even though he knew it was a voice phishing organization. Recently, there has been a sharp increase in the number of cases in which he was sent to work thinking it was a high-paying part-time job or for a loan company, but then became involved in the role of a voice phishing cash collector. This is because, amidst the worsening economy, vicious voice phishing crimes targeting young people, newbies, housewives, etc. who are struggling financially are gaining ground. Under the criminal law, if you participate in a voice phishing crime and are charged with fraud, you can be sentenced to up to 10 years in prison or a fine of up to 20 million won. In particular, in the case of voice phishing crimes, not only simple participants but also attempted criminals can be punished. Therefore, if you are tricked and arrested while acting as a withdrawal or collection agent without knowing that it is a crime, you will be charged with aiding and abetting fraud or fraud. You may be charged with aiding and abetting fraud and subject to voice phishing punishment just by participating in a part of the overall incident, rather than being the leader of the crime. Therefore, if you are unfairly accused of fraud through voice phishing, you cannot just plead that you did it to earn pocket money, but you are simply being used by a voice phishing gang member to commit a crime. It must be emphasized that the work was done without any awareness that it was illegal. However, even if you did not know exactly that what you were doing was a voice phishing crime, you can be guilty of aiding and abetting fraud if only intentional negligence is acknowledged, so you must be careful in your defense in that regard. Voice phishing, a vicious crime that puts ordinary people in trouble, is evolving as its means and methods become more sophisticated. Special caution is needed as ordinary people living in difficult times are being used as tools for crimes, turning completely unrelated good people into voice phishing participants in an instant. Attorney Kim In-won, a former chief prosecutor at Daeryun Law Firm, said, “Even if you didn’t know it was voice phishing, if you can’t prove it in detail, you could end up in an unfortunate situation where you are punished.” “I recommend that you prepare,” he advised. Help: Attorney Kim In-won of Daeryun Law Firm (Limited) View the full text of the article - http://www.jeonmin.co.kr/news/articleView.html?idxno=364200

According to last year's national tax statistics released by the National Tax Service, the number of reports of gifts between direct descendants was 155,638, the highest ever. Accordingly, the number of cases of legal conflicts regarding the distribution of property between co-heirs is also increasing. If you look at the Supreme Court Judicial Yearbook, you can see that inheritance-related lawsuits have nearly doubled in the past five years. If the division of property has been too unfair, you can consider filing a lawsuit to claim the return of retained assets. The reserved portion is a certain portion of the inherited property that cannot be disposed of at will by the person receiving the inheritance and must be left behind by law for a certain heir. The reserved portion stipulated in the Civil Act is 1/2 of the statutory inheritance for the deceased's direct descendants, 1/3 of the statutory inheritance for the deceased's lineal ascendants, and 1/3 of the statutory inheritance for the deceased's siblings, and the reserved portion for the legally married spouse who has completed the marriage registration. It corresponds to 1/2 of the statutory inheritance. In addition to property received through division of inherited property, the reserved portion also includes gifts made in the year before the start of inheritance and gifts that qualify as special profits even after one year has passed. Before proceeding with a lawsuit, you must check in detail the scope of the reserve portion and the statute of limitations and then proceed quickly. Attorney Park Yong-du of Daeryun Law Firm said, “Even if you have already received an inheritance, if it falls short of the reserve portion, you can request a return of the insufficient reserve portion.” “However, inheritance lawsuits are strict on the statute of limitations, so if you file a lawsuit after the statute of limitations expires, it is likely to be dismissed, so you must prepare a lawsuit as soon as you learn of the existence of the reserve portion.” He added, “If the division of inherited property was made through an illegal method other than a bequest or gift, there are cases where the entire statutory inheritance, not the reserved portion, may be returned. To avoid property damage due to ignorance of these facts, you should prepare to regain as many rights as possible with the help of experts such as inheritance lawyers. View full text of the article - https://www.sisamagazine.co.kr/news/articleView.html?idxno=464436

Attorney Kim Young-heum said, "We have accumulated practical know-how in various criminal cases, including sexual crimes, violent crimes, and property crimes... We will produce the best results." Daeryun Law Firm's Criminal and Sexual Crimes Specialization Center announced on the 15th that it has hired representative attorney Kim Young-heum (photo, 14th class of the Judicial Research and Training Institute), a former chief prosecutor at the Seoul Western District Prosecutors' Office. Attorney Kim was appointed as a prosecutor at the Seoul Southern District Prosecutors' Office, and served as chief prosecutor at the Seoul Western District Prosecutors' Office and chief prosecutor at the Uijeongbu District Prosecutors' Office. He served as Chief Prosecutor of Jeonju District Prosecutors' Office, Chief Prosecutor of Hongseong Branch of Daejeon District Prosecutors' Office, and Chief Prosecutor of Gwangju District Prosecutors' Office, and has diverse experience and expertise, including as Chairman of the Investigation Objections Review Committee of the Busan Metropolitan Police Agency, Advisory Attorney of Busan Metropolitan City, and Criminal Mediation Committee of the Busan District Prosecutors' Office. An official from Daeryun Law Firm said, "In the current situation where the investigative authority of the Prosecutors' Office is being adjusted, we have hired representative attorney Kim Young-heum, who has experience in special investigations, to flexibly respond to changes and strengthen our investigation response capabilities. He added, “We have established a linkage system for 24 branches, including the Bucheon office, which opened this month, so that clients can use the same legal services as the headquarters anywhere in the country.” Attorney Kim Young-heum said, “Based on the know-how accumulated over decades in various criminal cases such as sex crimes, property crimes, and violent crimes, I will always communicate deeply with clients, sympathize with them, and help them achieve the best results.” Reported. View article text - https://www.ibabynews.com/news/articleView.html?idxno=107794

Recently, an increasing number of couples are ending their long marriages after their children have grown up and are approaching their twilight years. Divorce between couples who have been married for more than 20 years is called twilight divorce, and its proportion has steadily increased, reaching 38.7% of all divorces last year, according to data from the National Statistical Office. This means that 4 out of 10 divorced couples divorced at dusk. With the changes of the times, women's economic status has increased, life expectancy has increased, and the social atmosphere that regards divorce as a natural personal choice has contributed to the increase in divorce at twilight. Looking at cases that generally lead to divorce at twilight, there are many cases where the wife endures the husband's one-sided interference, nagging, and control, then explodes and decides to divorce, and the husband chooses freedom because he does not like his wife's nagging or financial demands. There are quite a few cases. If alimony, custody, and child support are issues in the divorce of a typical young couple, division of property is the biggest issue in twilight divorce. In principle, assets subject to division are all property that the couple has accumulated through their cooperation during marriage. This includes not only deposits, savings, real estate, and stocks, but also future income such as property, retirement funds, and pensions. However, in principle, ‘unique property’ owned by the spouse before marriage or inherited or gifted is excluded from division. The standard for determining the division ratio is determined by the degree of contribution to the growth and maintenance of the property, so even a housewife who did not have a job or economic activity can be recognized for contributing to the maintenance and growth of the property. If you support the other spouse while taking full responsibility for housework and childcare, half of it becomes your share. Division of property in the event of a divorce at twilight is an issue that inevitably leads to sharp conflict because the quality of life in retirement is determined by the results, and as people get older, property is directly related to the issue of livelihood itself or economic independence. The contribution to division of property may vary depending on the duration of the marriage, whether there are unique assets, etc., so in order to receive a fair share, contact a twilight divorce lawyer. You must obtain assistance to determine the exact situation and actively utilize legal evidence methods, such as inquiry or tracking of property in the name of the party either ex officio or upon application. Help: Law Firm (Limited) Daeryun Choi Yi-seon, lawyer View article - http://www.lawissue.co.kr/view.php?ud=2022090711530421426cf2d78c68_12

The number of school violence cases decreased temporarily last year due to the coronavirus, but after the resumption of face-to-face classes, school violence cases have recently been on the rise again. There is a tendency to regard school violence as simply an incident that can occur between young students, but this is a big miscalculation. ‘School violence’ as defined in the Act on Prevention and Measures of School Violence refers to any act that causes damage to a student’s body, mind, or property inside or outside of school. Even if there is no direct assault, it includes verbal violence and subtle bullying. The forms of school violence are very diverse, including injury, assault, confinement, threats, kidnapping, enticement, defamation, insults, blackmail, coercion, forced errands, sexual violence, bullying, cyber bullying, and dissemination of obscene and violent information using information and communication networks. Among them, verbal violence is the most common. In fact, according to the 1st school violence survey for 2021 recently announced by the Ministry of Education, 'verbal violence' was found to be the largest type of violence at 41.7%. Such incidents of school violence have a significant impact on both victims and perpetrators, and in the case of perpetrators in particular, it is an issue that can have a huge impact on the future due to life records, celebrities, etc., so it must be handled carefully. However, more than half of the cases received for deliberation cannot be resolved by the school principal himself. Despite the situation, a school violence committee is being held as parents do not agree to resolve the issue themselves, and the scope of recognition for school violence is gradually broadening and the level of punishment is becoming more severe. In fact, due to public opinion that negatively views school violence and demands strong punishment, measures are taken even for non-violent verbal violence cases. In addition, even if you request a retrial after the results of the school violence committee are decided, the citation rate is low, so an early response is very important. Moreover, since children over the age of 14 are subject to criminal punishment and can even file a criminal complaint, it is necessary to seek legal assistance from a school violence lawyer so that they can attend the school violence committee as a representative. Help: School violence specialist lawyer at Daeryun Law Firm (Limited) View full text of Go Byeong-jun's article - http://beyondpost.co.kr/view.php?ud=2022082915210983456cf2d78c68_30

Daeryun Law Firm announced that it will open its 24th branch in Bucheon early next month. Daeryun is a law firm that operates branches nationwide. We operate specialized centers in each field, including the Criminal Center, Sexual Crime Center, School Violence Center, and Corporate Legal Center, and are staffed by a number of former attorneys and professional attorneys, including CEO Jae-bong Jeong, who recently joined. The newly opened Bucheon Law Firm plans to provide the same specialized legal services as the headquarters by applying an organic collaboration system. Representative attorney Shim Jae-guk said, “Among all members, there are three experts suitable for the client’s case. He explained, “Because we have formed a dedicated team to handle one case, we are quickly establishing a customized strategy suitable for the client’s situation no matter which branch we visit.” He continued, “Previously, residents of the Bucheon area visited the Incheon office, but through this opening, we aim to improve accessibility and convenience of use and provide professional and comprehensive legal services in various fields to resolve the grievances of local residents due to legal issues.” Added. View article text - http://www.jeonmin.co.kr/news/articleView.html?idxno=362015

Drunk driving is a mistake that is easily committed in everyday life. There are many cases where people get behind the wheel thinking that they are not drunk, and there are many cases where they are caught driving while intoxicated due to impaired judgment. According to the Road Traffic Act, driving is prohibited if the driver's blood alcohol concentration is 0.03% or more. This is because driving while intoxicated reduces judgment and motor skills, increasing the possibility of a traffic accident in the event of an unexpected situation. Drunk driving is one of the 12 gross negligence offenses and is subject to criminal punishment, including imprisonment and fines, regardless of whether or not you have insurance. In addition to criminal liability, in the event of an accident, the driver is subject to civil liability, such as increased insurance premiums and imposition of deductibles, as well as administrative liability, such as imposition of penalty points and suspension or revocation of driver's license. In particular, if you have been caught for drunk driving once, if you are caught for drunk driving again, you will face aggravated punishment, making it difficult to avoid imprisonment. Among the punishments for drunk drivers called the Yoon Chang-ho Act, the provision of aggravated punishment more than twice was ruled unconstitutional, but if you look at the sentencing standards set by the Sentencing Committee, aggravating factors are still applied to repeat offenders. In fact, one client who was punished for drunk driving in the past was caught driving his car while drunk with a blood alcohol concentration of 0.169% on a 100m section of the road, and has already been indicted in the past. Because he had a history of being fined for drunk driving, he was at risk of imprisonment. This is an act that violates Article 44, Paragraph 1 or 2 of the Road Traffic Act. We sincerely appeal to you to take into account the fact that the client admits and reflects on the crime in this case, the fact that the client did not cause additional damage such as a traffic accident due to drunk driving in this case, the circumstances leading to the drunk driving, the client's blood alcohol level at the time, the distance of drunk driving, age, behavior, environment, motive for the crime, and the circumstances after the crime. Despite being caught twice, he escaped imprisonment. The court accepted the grounds for sentencing and sentenced him to one year in prison and two years of probation. He was also ordered to take 40 hours of law-abiding driving classes. Although it was difficult to avoid a prison sentence due to a history of drunk driving, I was able to obtain a suspended sentence with the help of a criminal lawyer. In this way, if you are in a situation where you are at risk of aggravated punishment due to a history of drunk driving, it may be necessary to respond together with the assistance of a criminal lawyer from the beginning of the investigation, rather than responding alone. Written by: Daeryun Law Firm Chanwoo Jeong View full text of lawyer's article - http://www.jeonmin.co.kr/news/articleView.html?idxno=361551

[Media Fine Current Affairs Column] According to data recently released by Statistics Korea, the number of divorces last year was 102,000. Looking at the composition of divorce by marriage duration, the divorce rate for marriage duration of 0 to 4 years was 18.8%, for marriage duration of 30 years or more was 17.6%, and for marriage duration of 5 to 9 years, it was 17.1%. Divorce in marriages lasting more than 30 years is on the rise. Among them, divorce by agreement is 86,000 cases and divorce by trial is 28,000 cases. This means that there are too many divorces through litigation that cannot be ignored, and this is because there has been no agreement on important aspects such as property division. One of the important issues in divorce litigation is property division. The couple owns assets such as real estate, including funds raised jointly during marriage. This division of property is called property division, and after divorce, one couple has the right to claim property division from the other party for division of jointly accumulated property. Since property division is the liquidation of common property formed through the cooperation of both parties during marriage, one couple can make a claim to the other party regardless of whether they are responsible for the divorce. In addition, the court also recognizes property division claims by spouses in a common-law relationship when a common-law marriage is broken up, and by spouses in a marital relationship when a marriage is annulled. However, the period during which the right to claim property division can be exercised is determined by law. The right to claim property division lapses after two years from the date of divorce, and in the case of a judicial divorce, it is common for a property division claim to be filed together with a divorce claim, so there is little concern about the exercise period elapsed. Problems can arise in cases where a divorce by agreement is filed after only hearing that property division will be done. In fact, one client was told by her husband, 'If you go to trial, it will cost more money and costs. After hearing the words, 'I will cooperate with the division of property, let's get a divorce by agreement,' we divorced without settling the issue of property. However, the husband avoided contact with the client, making various excuses, and eventually exercised his right to claim property division. Assets subject to property division include deposits, savings, real estate, retirement funds, and pensions. Since property contribution is judged based on the extent to which a person contributed to increasing and maintaining property after marriage, the more contribution is recognized, the more advantageous it is in a property division claim lawsuit. Therefore, for successful property division, it is important to receive advice from a divorce lawyer and systematically prepare materials that can prove one's contribution. Also, as in the case above, if you believe in property division and divorce by agreement, but the other party does not keep the agreement, and if you need to file a property division claim again, it is a good idea to ask for help from an expert. (Attorney Lee Hyun-ji, Daeryun Law Firm) View article text - http://www.mediafine.co.kr/news/articleView.html?idxno=20009

Daeryun Law Firm announced on the 8th that it has hired representative attorney Jeong Jae-bong, a former chief prosecutor at the Uijeongbu District Prosecutors' Office. Attorney Jeong was appointed as a prosecutor at the Uijeongbu Branch of the Seoul District Prosecutors' Office and served as the chief prosecutor of the 3rd Criminal Division at the Uijeongbu District Prosecutors' Office, the 4th Chief Prosecutor at the Busan District Prosecutors' Office, the 1st Chief Prosecutor at the Cheonan Branch of the Daejeon District Prosecutors' Office, and the 3rd Chief Prosecutor at the Ansan Branch of the Suwon District Prosecutors' Office. Daeryun Law Firm has expertise in the field (sexual crimes). Daeryun Law Firm explained, “Considering that professional response at the investigative stage is becoming more important, we have steadily recruited former prosecutors and former chief prosecutors, and have recruited Representative Attorney Jeong to enhance the overall work capabilities of the Criminal Center and other areas.” Representative Attorney Jeong said, “We provide legal services provided by the Criminal Center with know-how accumulated in various fields such as criminal affairs, sex crimes, property crimes, and corporations.” “I will become a helper who can provide further reinforcement,” he said. View article text - http://www.joseilbo.com/news/htmls/2022/08/20220808462784.html

Sentencing standards for child abuse crimes have been significantly raised... Since last June, the number of child abuse victims has been rapidly increasing every year. According to a report published by the Ministry of Health and Welfare, the number of child abuse cases increased significantly from 11,715 cases in 2015 to 22,367 cases in 2017 and 30,049 cases in 2019. As of 2019 alone, more than 80 children were victims of violence per day. Among the 30,000 cases of child abuse that occurred in 2019, 75.6% (22,700 cases) of abusers were parents. They were followed by surrogate caregivers and relatives, and only 2.2% (663 cases) were non-family members. Like this, child abuse often occurs in families, and it leads to greater damage because the perpetrator and victim live together. Experts analyzed that the incidence of child abuse is also increasing significantly as the number of families spending time together at home has increased as telecommuting and non-face-to-face classes have become established since the COVID-19 incident. Jae-guk Shim, attorney at Daeryun Law Firm, said, “As social issues regarding child abuse continue to be raised, the standards for punishing child abuse have been significantly strengthened. Last March, the Supreme Court Sentencing Committee He explained, “We have finally passed an amendment to significantly increase the sentencing standards for child abuse crimes, and this amendment has been in effect since last June.” He continued, “According to this, the sentencing standards for child abuse and death under the Child Abuse Punishment Act have been strengthened, and the existing sentencing standard of 4 to 7 years has been raised to the upper limit of 4 to 8 years, and the aggravation range applied when the crime is serious has been raised from 6 to 10 years to 7 to 15 years. In addition, the recommendation range for imprisonment for child abuse and murder under the Child Abuse Punishment Act, child sexual abuse and child trafficking under the Child Welfare Act, which were not in the existing sentencing standards, was also added. Attorney Shim Jae-guk said, “If the prosecutor determines that it is a minor case and deems it appropriate to impose protective measures instead of punishment, the case can be transferred to the family court and handled as a child protection case. Therefore, if you are involved in a child abuse case, it is necessary to resolve it with the help of a criminal lawyer.” Reported. View article text - https://www.ibabynews.com/news/articleView.html?idxno=106892