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Criminal Defense Lawyer Stories

Criminal law insights from a defense attorney — traffic accidents, drug crimes, juvenile crimes and more

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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..

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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..

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Impersonation: The Crime of Impersonation, Penalties, and Specialist Attorneys

What is impersonation? Impersonation means falsely misrepresenting your own information, such as your name, occupation, gender, address, age, or educational background. Impersonation usually becomes an issue online. Because of the nature of the internet, where you cannot verify the other person, it is not easy to confirm impersonation even when it occurs. In particular, there are many problems when someone impersonates an influencer to cause harm, demand money or valuables, or propose improper conduct. The crime of impersonation. The crime of impersonation is not defined as a standalone offense in the law. However, depending on the circumstances, it can be punished under several different charges. Penalties for impersonation. Impersonation may be punished under charges such as fraud, impersonating the status of a public official, defamation, violation of the Framework Act on Telecommunications, and falsification of private electronic records..

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Assignment of Claims, Embezzlement, and Mistaken Transfers

What Is the Assignment of Claims? The assignment of claims refers to the process of transferring ownership of a claim to another person through a legal act. It transfers the property value held by the claim and changes the legal rights and obligations between the parties involved, making it an important legal act. What Is a Mistaken Transfer? A mistaken transfer refers to a transaction in which the sender, by error, incorrectly enters the receiving financial institution or account number, causing funds to be transferred to the wrong recipient. Embezzlement Involving the Assignment of Claims Embezzlement involving the assignment of claims refers to the act of improperly transferring another person's claim to gain a benefit, without following the procedures or regulations specified by law. This is mainly a problem arising in financial transactions or contracts, and with the development of electronic payment systems, a new type of crime has emerged. Embezzlement involving the assignment of claims is generally composed of the following elements. Claim: a legally recognized claim must exi..

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Fraudulent Evasion of Compulsory Execution: Elements, Conduct, Punishment, and Enforcement

What is the offense of fraudulent evasion of compulsory execution? It is defined in Article 327 of the Korean Criminal Act. Article 327 (Fraudulent Evasion of Compulsory Execution): A person who, for the purpose of evading compulsory execution, conceals, damages, falsely transfers property, or assumes a fictitious debt, thereby harming a creditor, shall be punished by imprisonment for up to 3 years or by a criminal fine of up to KRW 10 million. What is compulsory execution? Compulsory execution is provided for under Article 389 of the Korean Civil Act, under the name of compulsory performance. Article 389 (Compulsory Performance): (1) Where an obligor fails to voluntarily perform an obligation, the obligee may apply to the court for compulsory performance. This does not apply, however, where the nature of the obligation does not permit compulsory performance. (2) Where the obligation under the preceding paragraph aims at a juristic act, the obligee may apply for a judgment that substitutes for the obligor's declaration of intention; and where it aims at an act that is not exclusively personal to the obligor, the obligee may..

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Obstruction of Official Duties: Elements, Intent, and Punishment

What is obstruction of official duties? Obstruction of official duties is defined in Article 136 of the Korean Criminal Act. Article 136 (Obstruction of Official Duties) (1) A person who commits assault or intimidation against a public official engaged in the performance of his/her duties shall be punished by imprisonment for not more than five years or a criminal fine not exceeding KRW 10 million. (2) The same punishment as in the preceding paragraph shall apply to a person who commits assault or intimidation against a public official with the intent to compel him/her to perform an act in the course of his/her duties, or to make him/her resign from office. Elements of obstruction of official duties. The act must target a public official engaged in the performance of his/her duties; the performance of the duties must be lawful; and there must be assault or intimidation. Obstruction of official duties – a public official engaged in the performance of duties. A public official engaged in the performance of duties refers not only to national and local government officials but also to those engaged in the affairs of a public corporation. However, foreign public officials are not included as public officials here. Also, the meaning of 'engaged in the performance of duties' is..

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How Far a Spouse Was Involved in Fraud

A spouse's involvement in fraud. Fraud is the crime of deceiving another person to obtain a financial benefit, and it is one of the offenses treated severely under the Criminal Act. When a spouse has committed or taken part in fraud, the legal and moral issues become even more complex. Fraud by a spouse refers to one spouse deceiving another person to obtain a monetary benefit or to cause that person harm. This is no different from the general definition of fraud, but it has a special character in that the person committing the act is a spouse. Fraud is set out in Article 347 of the Korean Criminal Act, and "a person who deceives another and thereby obtains the delivery of property or acquires a financial benefit" is liable to imprisonment of up to 10 years or a criminal fine of up to KRW 20 million. When a spouse commits an act of fraud, this is a problem that arises within the family, and the social repercussions and legal consequences can be compl..

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Embezzlement of Lost Property - Punishment, Elements, Intent of Unlawful Appropriation, Larceny, Location

What is embezzlement of lost property? Embezzlement of lost property is the crime of misappropriating lost articles, drifting articles, or property that has left another person's possession. Punishment for embezzlement of lost property is up to one year of imprisonment, a criminal fine of up to KRW 3 million, or a minor fine. The elements of embezzlement of lost property are: 1. The property is owned by another person and is not in another person's possession; 2. There is intent of unlawful appropriation. The intent of unlawful appropriation in embezzlement of lost property refers to the act of intentionally using and disposing of another person's property as if it were one's own. Embezzlement in the context of this crime means appropriating another person's property that does not belong to anyone's possession. The difference from embezzlement, however, is that no relationship of trust is required. Embezzlement of lost property and larceny both involve taking property owned by another person..

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