Archive · 2024-11

Burner Bank Accounts: Scam Types, Related Crimes, Punishment, and Prevention

A burner bank account (daepo tongjang) is an account opened under a third party's stolen identity, where the account holder and the actual user are different people. Opening such an account and then transferring it to someone else or borrowing one can be punished under the Electronic Financial Transactions Act by up to 5 years of imprisonment or a criminal fine of up to KRW 30 million. Involvement in burner-account crime: If you become involved in a burner-account crime, not only the person who commits the offense using the account but also the person who lent the account can be punished. Even if you did not hand over the account with the purpose of creating a burner account, you can still be punished because you passed account-related information to another person, and depending on the crime in which the account was used, you may be recognized as an accomplice and punished if the elements of that crime are met. Types of burner-account crime include drug dealing, online direct-transaction fraud, and voice phishing scams. Burner-account scams ..

Other Criminal Law November 19, 2024

Trespassing: Types, Elements of the Offense, and Refusal to Leave

Trespassing is defined in Article 319 of the Korean Criminal Act. Article 319 (Intrusion upon Habitation, Refusal to Leave) ① A person who intrudes upon a human habitation, a managed building, a ship or aircraft, or an occupied room shall be punished by imprisonment for not more than 3 years or by a criminal fine not exceeding KRW 5 million. <Amended Dec. 29, 1995.> ② A person who, upon being requested to leave such a place, refuses to do so shall be subject to the same punishment as in the preceding paragraph. Types of trespassing The types of trespassing offenses are as follows: intrusion upon habitation and refusal to leave; aggravated trespassing; nighttime burglary by intrusion upon habitation; search of a habitation or body. Here, nighttime burglary by intrusion upon habitation constitutes larceny under the Criminal Act, but because it is also closely related to trespassing, it has been included among the types of trespassing. Elements of trespassing The elements of trespassing are as follows: the object must be a human habitation, a managed building, a ship or aircraft, or an occupied room; there must be intent to intrude..

Other Criminal Law November 18, 2024

Deferred Sentencing: Effect, Requirements, Eligibility, and Revocation

What is deferred sentencing? Deferred sentencing is a system under which, even though the case is found guilty, the court postpones imposing a sentence for a set period when the offense is minor and there are clear signs of remorse; once that period passes without incident, the case is treated as having been dismissed. However, this does not apply to a person with a prior criminal record carrying a sentence of suspension of qualifications or heavier. Period of deferred sentencing The period of deferred sentencing is set at two years under Article 60 of the Korean Criminal Act, and this period cannot be shortened. Article 60 (Effect of Deferred Sentencing): When two years have elapsed from the date deferred sentencing was granted, the case shall be deemed dismissed. Effect of deferred sentencing As stated in Article 60 of the Korean Criminal Act, once the period of deferred sentencing has passed, the case is deemed dismissed. Here, a judgment of dismissal means terminating the proceedings without a direct ruling on the substance of the case. In other words, being deemed dismissed means..

Other Criminal Law November 1, 2024