Forgery of private documents is committed when, with intent to use it, a person forges or alters another person's document concerning rights, obligations, or proof of facts. This article explains the distinction between forgery and alteration, the offense of uttering a forged private document, and how it differs from forgery of official documents.
Under the Stalking Punishment Act, a stalking crime is punishable by up to 3 years of imprisonment, or up to 5 years if a weapon is carried. This article covers the 5 types of stalking conduct, the repeal of the offense-not-prosecutable-against-the-victim's-will provision, and emergency measures and interim measures No. 1 through No. 4.
What is breach of trust? Article 355 of the Korean Criminal Act defines breach of trust as follows: a person who, while administering another's business, obtains a pecuniary advantage or causes a third person to obtain it, in breach of their duty, and thereby causes loss to the principal, shall be punished by imprisonment for not more than five years or a criminal fine not exceeding KRW 15 million. Objective elements: the elements of breach of trust are 'a person who administers another's business,' 'an act in breach of duty,' 'a pecuniary advantage,' and 'causing loss.' 1. A person who administers another's business: in the context of breach of trust, 'a person who administers another's business' refers to someone who, in an internal relationship with another and in light of the principle of good faith, comes to stand in a fiduciary relationship to administer that person's business, and who, on the basis of that relationship, holds a position in which protecting and managing the other's pecuniary interests is the typical and essential content of the fiduciary relationship ..
Rape is one form of sexual violence. Sexual violence includes not only rape and indecent assault but also verbal sexual harassment, obscene messages, hidden-camera offenses, and any other physical or psychological violence inflicted against another person's will. Among these, sexual assault refers to rape and attempted rape. Rape means forcibly having sexual intercourse with a person through assault or intimidation. Punishment for sexual assault The punishment for sexual assault prescribed by the Criminal Act is as follows. Article 297 (Rape) A person who rapes another by means of assault or intimidation shall be punished by fixed-term imprisonment of at least three years. Article 297-2 (Quasi-Rape) A person who, by means of assault or intimidation, inserts the genitals into the inside of another person's body such as the mouth or anus (excluding the genitals), or inserts part of the body such as a finger (excluding the genitals) or an instrument into the genitals or anus, shall be punished by fixed-term imprisonment of at least two years. Article 301 (...
What is false accusation? Article 156 of the Korean Criminal Act defines false accusation as follows: Anyone who, with intent to have another person subjected to criminal or disciplinary punishment, files a false report with a public office or public official shall be punished by imprisonment for up to 10 years or a criminal fine of up to KRW 15 million. <Amended on Dec. 29, 1995> When does false accusation become established? The offense is established the moment the false report reaches the investigative authorities. In other words, even if the report is later withdrawn, the offense still stands, and it is established even if no investigation was ever launched. Confession in false accusation cases: Articles 153 and 157 of the Criminal Act govern the treatment of a confession as follows. Where a person who has committed perjury or false accusation confesses or voluntarily surrenders before the trial or disciplinary proceedings concerning the matter stated have become final, the punishment shall be mitigated or remitted. However, in false accusation cases..
Using a corporate card for personal purposes is a criminal offense. Because the card is issued in the name of the company (the corporation) and is being used for private ends, anyone can be prosecuted regardless of their rank. And if a large amount, rather than a trivial one, is charged to a corporate card, an actual prison sentence may even be handed down. The difference between embezzlement and breach of trust. Many people mistakenly believe that using a corporate card for personal purposes amounts to embezzlement. In reality, however, using a corporate card privately constitutes breach of trust. Both embezzlement and breach of trust cause damage to property and can be understood as acts that betray a position of trust. The two, however, are defined with different subjects and objects. In embezzlement the object is property (a physical thing), whereas in breach of trust the object is a financial benefit. Embezzlement applies where a person entrusted with another's property embezzles it or refus..
Card kiting (kaddeukkang) refers to the illegal practice of converting credit card limits into cash. Typically, it works by using a credit card to generate fake sales, then handing back the remaining amount in cash after deducting a fee. In the process, the cardholder is charged high interest paid in advance or steep fees, and ultimately ends up sinking deeper into debt. Card kiting can take many forms, mainly classified as gift-card kiting, meal kiting, corporate-card kiting, micropayment kiting, mobile-phone kiting, PayPal kiting, transit-card kiting, and more. These operators are set up so that they can offer card kiting services anywhere card payments are accepted. Card kiting is an illegal act strictly prohibited by law, and using it is the same as taking part in illegal activity. It undermines law and order, and..
Illegal recording and penalty provisions: Under the Protection of Communications Secrets Act, no one may censor mail, intercept telecommunications, provide communication confirmation data, or record or listen to private conversations between others that are not open to the public, except as provided by this Act, the Criminal Procedure Act, or the Military Court Act. However, exceptions are recognized in certain cases as prescribed by law. Such acts are therefore deemed illegal. A person who, in violation of the law, censors mail, intercepts telecommunications, or records or listens to private conversations between others that are not open to the public, as well as a person who discloses or divulges the contents of such communications or conversations, may be subject to imprisonment of not less than one year and not more than ten years, together with suspension of qualifications for not less than five years. Whether wiretapping is illegal: Secretly recording another person's conversation is illegal. This is called wiretapping, and it includes secretly recording other people's conversations, the contents of meetings, and phone ..
