Criminal Defense Lawyer Stories
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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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Company Cars, Personal Use of Corporate Cards, Embezzlement and Breach of Trust

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..

Other Criminal Law

Criminal Penalties for Drunk Driving

Tougher penalties for drunk drivingPenalties for drunk driving have been dramatically strengthened in recent years. As criminal punishment for casualties caused by drunk driving has become far stricter, the likelihood of receiving a prison sentence even from a single accident has increased significantly. The former three-strikes (three-time) system has been changed to a two-strikes (two-time) system, so the chances of an actual prison sentence being handed down even after a second drunk driving offense have risen. This is a powerful measure aimed at lowering the recidivism rate for drunk driving, and it shows that drunk driving is no longer regarded as a mere mistake but as a serious criminal act. The tougher penalty standards reflect the gravity of accidents caused by drunk driving. Drunk driving threatens not only the driver's own life but also the lives and safety of others. While intoxicated, judgment becomes clouded and reaction times slow, increasing the chance of an unexpected accide..

Traffic Accidents

Penalties for Card Kiting (Kaddeukkang)

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..

Other Criminal Law

Why You Need a Lawyer If You're Suspected of a Drug Offense

On drug testing and punishment: if you test positive in a drug-related test, can you face severe punishment even as a first-time offender? Drug testing is usually carried out through various methods such as urine and hair analysis. Urine offers high precision in determining recent drug use, while hair can reveal drug use from as far back as one year ago. In addition, the precise testing technology used by the government can detect even trace amounts of drug substances. As a result, there is almost no way to hide drug substances in a drug test. Korea follows a zero-tolerance policy toward drug crimes, and even first-time offenders can face strict punishment. In particular, with domestic drug crimes surging in recent years, the investigation and punishment of drug-related offenses have been further strengthened. If you test positive in a drug test, ..

Drug Crimes

Self-Defense and Illegal Recording

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 ..

Other Criminal Law

Why You Should Hire a Criminal Defense Attorney

When facing legal trouble, most people worry about their rights and how they will be treated. Criminal cases in particular are often difficult to handle on your own. In situations like these, hiring a criminal defense attorney is a critically important choice. Legal Knowledge and ExpertiseThe legal knowledge and expertise of a criminal defense attorney play a crucial role in responding effectively to a criminal case. These attorneys have built up deep knowledge and extensive experience in the legal field, which allows them to understand complex legal procedures and rules and to handle the case. First, legal knowledge is one of the essential competencies of a criminal defense attorney. The law is made up of complex and varied rules..

Other Criminal Law

Criminal Intimidation: Penalties and Elements of the Offense

What is criminal intimidation? Saying something threatening just to scare the other person a little can amount to a crime. In criminal intimidation, a threat generally means communicating harm of a kind serious enough to instill fear in a person. Because criminal intimidation can be established even if you had no intention of actually harming the other person, caution is needed. So in what situations is criminal intimidation made out? Elements of criminal intimidation. Criminal intimidation refers to communicating harm with the aim of instilling fear in the other person. Judged objectively, if it would generally cause a person to feel fear, the offense is established. Harm means a statement relating to the other person's life, liberty, reputation, body, property, and the like, and whether expressly, verbally, or even silently, if there was some form of conduct, criminal intimidation can be established through that communication..

Other Criminal Law

Suspended Sentence vs. Criminal Fine: Key Differences

What is a suspended sentence? A suspended sentence (probation) is a system that postpones the execution of a sentence for a set period; if that period passes without incident, the sentence loses its effect and is never carried out. It gives the defendant a chance to return to society without serving the sentence. Requirements for a suspended sentence A suspended sentence postpones the execution of a sentence when certain conditions are met, and it applies when, after weighing legal and social factors, the court concludes the defendant is unlikely to reoffend. It may be considered only where the court imposes imprisonment or imprisonment without labor of up to three years, or a criminal fine of up to KRW 5 million. The court must also weigh the sentencing factors set out in Article 51 of the Korean Criminal Act, which include the defendant's age, conduct, intelligence and environment, relationship with the victim, the motive, means, and result of the offense, and the circumstances afterward..

Other Criminal Law