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BlogsIf you need legal assistance regarding suspended sentences for DUI
DUI Penalties – What Are the Actual Standards? Driving under the influence (DUI) is classified as a violation of the Road Traffic Act, and sentencing varies depending on blood alcohol concentration (BAC) and prior convictions. ▷ BAC between 0.03% and 0.08% Up to 1 year of imprisonment or a fine of up to KRW 5 million. ▷ BAC between 0.08% and 0.2% (first offense or more than 10 years since prior conviction) 1 to 2 years of imprisonment or a fine between KRW 5 million and KRW 10 million. ▷ BAC of 0.2% or higher 2 to 5 years of imprisonment or a fine between KRW 10 million and KRW 20 million. ▷ Repeat offense (within 10 years after a DUI conviction resulting in a fine or heavier punishment) BAC between 0.03% and 0.2%: 1 to 5 years of imprisonment or a fine between KRW 5 million and KRW 20 million. BAC of 0.2% or higher: 2 to 6 years of imprisonment or a fine between KRW 10 million and KRW 30 million. ▷ Refusal to take a breathalyzer test: 1 to 6 years of imprisonment or a fine between KRW 5 million and KRW 30 million. Courts have been taking a stricter stance, particularly where a defendant reoffends within 10 years of a prior DUI conviction, and the rate of custodial sentences has increased. If personal injury or property damage is involved, the Act on the Aggravated Punishment of Specific Crimes may apply, leading to even harsher penalties. Suspended Sentence for DUI – Key Factors That Open Possibilities Courts consider the following major sentencing factors: Whether there are prior DUI convictions and how many The BAC level Whether an accident occurred and the extent of damage Whether restitution and settlement have been made A sincere attitude of remorse Efforts to prevent reoffending (treatment, education programs) Social ties and livelihood circumstances Submitting a letter of apology alone does not result in a suspended sentence. Because courts comprehensively evaluate the circumstances of the offense, subsequent actions, and the likelihood of reoffending, it is crucial to systematically prepare materials tailored to the individual case. The Line Between Imprisonment and a Suspended Sentence The direction of a verdict is not determined by a single BAC number. The outcome can vary significantly depending on the legal response. For example: Whether damages were fully compensated even if an accident occurred The time interval between prior offenses Whether the case involves simple intoxicated driving or dangerous driving How statements were made during the early investigation stage These factors directly influence sentencing decisions. In particular, investigation-stage statements, evidence organization, and settlement progress play decisive roles in shaping the court’s perception. If early response is mishandled, the possibility of receiving a suspended sentence can decrease rapidly. Conversely, a precisely structured defense strategy may create room to avoid imprisonment. How Decent Law Firm Assists Decent Law Firm does not approach DUI suspended sentence cases as mere pleas for leniency. We analyze the entire case and respond strategically. First, we objectively assess imprisonment risk by reviewing the applicable statutes, prior convictions, BAC level, and whether an accident occurred. Second, we systematically structure sentencing materials, including treatment plans, completion of prevention programs, and documentation of social relationships, to persuasively demonstrate a low risk of reoffending. Third, where victims are involved, we design settlement strategies and assist in achieving meaningful recovery. Fourth, during trial, we structure arguments around the factors the court considers most significant to increase the likelihood of a suspended sentence. A DUI case is not simply a matter of paying a fine. Although it may feel as though the outcome is already determined, the result can change substantially. What matters is the choice you make at this stage. Decent Law Firm designs the entire criminal procedure and presents realistic, strategic solutions tailored to each client’s circumstances. We strongly recommend seeking legal advice before it is too late.
2026-02-16 Naver Blog -
Blogs
If you need legal assistance regarding voice phishing sentencing, involvement, or voluntary surrender
Voice Phishing Punishment – What Charges Apply? In voice phishing cases, multiple offenses are often implicated simultaneously. The following charges are commonly applied: Fraud under the Criminal Act Aiding and abetting fraud Violation of the Electronic Financial Transactions Act (transfer or lending of access media) Violation of the Act on Regulation and Punishment of Concealment of Criminal Proceeds ▷ Article 347 of the Criminal Act – Fraud If a person deceives another and obtains property or financial benefits: → Punishable by up to 20 years’ imprisonment or a fine of up to KRW 50 million. ▷ Article 49 of the Electronic Financial Transactions Act If a person transfers, acquires, or lends access media such as bank accounts, check cards, or OTP devices: → Punishable by up to 5 years’ imprisonment or a fine of up to KRW 30 million. ▷ Organized Crime or Co-Principal Liability If a voice phishing organization qualifies as a criminal organization under the Criminal Act, the offense of organizing or participating in a criminal organization (Article 114 of the Criminal Act) may be established separately. If recognized as a co-principal in fraud, the defendant may be held responsible for the entire amount obtained through the scheme, significantly increasing sentencing severity. Why Even Minor Participants Receive Prison Sentences Claiming “I did not personally deceive the victim” is not sufficient. Courts comprehensively consider factors such as: Awareness of the overall criminal structure Expectation of unusually high compensation Repeated participation Total damage amount Whether restitution was made For example: ✔ Repeatedly delivering cash as a courier ✔ Systematically following instructions through Telegram or similar platforms ✔ Receiving high compensation If these circumstances are recognized, courts have imposed actual prison sentences even on first-time offenders. Voice phishing punishment is not easily mitigated simply by arguing that one’s role was limited. Where Do Sentence Reduction or Acquittal Possibilities Arise? Not all cases are evaluated identically. In many instances, the investigative “frame” established at the early stage remains throughout the proceedings. Therefore, initial response in voice phishing cases is critical and often decisive. For individuals worried about such charges, a strategy that accurately analyzes the structure of the case is essential. At the same time, voice phishing is a serious offense that should never be taken lightly. Delayed response may result in arrest and a custodial sentence. How Decent Law Firm Assists Voice phishing cases are not resolved merely by submitting a letter of remorse. Decent Law Firm provides structured legal assistance, including: Analysis of the participation structure Challenging the existence of conspiracy or co-principal liability Reviewing the applicability of aiding and abetting Designing restitution strategies Preparing and structuring statements during investigation Our criminal defense team reconstructs the co-offender framework based on case records and legally clarifies the scope of the suspect’s awareness. We also systematically design sentencing factors to maximize the possibility of avoiding detention and securing a suspended sentence where appropriate. Voice phishing punishment does not automatically result in imprisonment. However, if the initial 대응 is mishandled, it may lead to irreversible consequences. If you are currently under investigation, review your strategy before the sentencing level becomes fixed.
2026-02-13 Naver Blog -
Blogs
Attorney Accompaniment to Police Investigation — Not Mere Presence, but Strategy
The Police Stage Is Not “Procedure Confirmation,” but “Evidence Production” Receiving a summons means the case has entered, or is about to enter, the investigative stage. It may still be at the preliminary inquiry phase before formal booking, or you may be questioned as a suspect or witness. What remains from this stage are written statements, submitted materials, and the context of questions and answers. Initial statements are directly linked to the prosecutor’s decision on referral and disposition. Once a statement is recorded, it becomes the standard for credibility assessment — “Didn’t you say that at the time?” — and later retractions are rarely persuasive. The Criminal Procedure Act explicitly guarantees a suspect’s right to remain silent (Article 244-3(1)1) and the right to assistance of counsel (Article 243-2). Investigative authorities must inform the suspect of these rights prior to questioning. However, in actual investigations, it can be difficult to determine when and how to exercise these rights. Under psychological pressure, individuals often hesitate. This is where attorney accompaniment to a police investigation becomes critical. The outcome can change depending on how far you answer, how you phrase uncertain memories, and how you respond to disadvantageous questions. Attorney Accompaniment Is Not “Attendance,” but “Statement Design” Attorney accompaniment is not merely sitting beside you in the same room. It is about reading the issues, organizing the facts, and preventing dangerous wording from entering the record. In practice, the difference appears in three stages: Pre-investigation preparation Reviewing the complaint, evidence flow, and key issues Structuring the framework of responses Preventing unnecessary admissions, exaggerated explanations, or statements that inadvertently expand liability Assistance during questioning Objecting to improper leading questions or repetitive pressure that infringes upon the suspect’s rights Ensuring that the written statement accurately reflects the intended meaning Requesting corrections where necessary Post-investigation strategy Organizing additional submissions Drafting written opinions Designing restitution and settlement strategies Even with identical facts, well-structured early 대응 can secure a more favorable position at the crossroads between non-referral, non-indictment, and formal prosecution. Ultimately, attorney accompaniment is not about “getting through questioning smoothly,” but about preventing the investigative frame from being fixed against you. “Won’t Bringing a Lawyer Make Me Look More Suspicious?” This is the most common question. The answer is clear. A lawyer’s participation in suspect questioning is a statutory right under Article 243-2 of the Criminal Procedure Act and a concrete implementation of the constitutional right to counsel under Article 12(4) of the Constitution. Investigative authorities may not restrict a lawyer’s participation without just cause, nor may they impose disadvantageous treatment solely because counsel was present (see Supreme Court Decision 2003Mo402, Nov. 11, 2003). The issue is not attorney accompaniment. The real risk is attending without preparation. Emotional reactions, speculative statements presented as facts, or minimizing/exaggerating circumstances can bind you later. The mere fact that “it is recorded in the statement” can undermine the entire defense structure. Decent Law Firm’s Approach to Police Investigation Accompaniment The Criminal Defense Team at Decent Law Firm approaches police-stage cases with precision, aiming to maximize the possibility of favorable closure. Our system includes: Case-type specific issue analysis Statement rehearsal and wording review On-site accompaniment and statement verification Post-investigation closure strategy Criminal cases do not begin at trial. In many instances, the direction is determined at the first police interview. If you have received a summons, it is safer to review your initial statements with professional assistance rather than facing the process alone. Attorney accompaniment to a police investigation is not optional — it is a practical defense tool to protect your rights within the criminal procedure. Before it is too late, consult directly with a professional and establish your strategy.
2026-02-12 Naver Blog -
Blogs
Essential Steps If You Are Facing a Police Investigation for Drug Courier Charges
Your Initial Response Determines Your Future “We’d like you to come in as a witness for a brief statement.” These words from the police are never just a formality in drug-related cases. In the realm of narcotics investigations, a "witness interview" is often the final bridge before officially designating someone as a suspect. 1. The Reality of Being Contacted as a 'Drug Courier' If the police have reached out to you, it likely means you have already been identified through digital forensics, bank statements, or delivery invoices. The Turning Point: A single statement during your interview can instantly flip your status from a witness to a suspect. The Trap of 'Willful Blindness': Simply claiming "I didn't know" is rarely enough. Authorities will aggressively look for evidence of mens rea (criminal intent)—the idea that you should have suspected something was illegal. Risk of Emergency Arrest: While strictly regulated, if contradictions are found in your initial statement or if there is a perceived risk of destroying evidence, you could face an emergency arrest on the spot. 2. Why You Must Never Attend an Interview Alone Drug crimes carry significantly higher penalties than general criminal cases. Even for first-time offenders, the likelihood of imprisonment is high. Severe Penalties: Narcotics Control Act (Article 60): Transporting psychotropic drugs can lead to up to 10 years in prison or a fine of up to 100 million KRW. Act on Aggravated Punishment, etc. of Specific Crimes (Article 11): If the act was committed for profit, the penalty increases to life imprisonment or a minimum of 5 years. Admissibility of Statements: Phrases like "I don't recall clearly" are often documented as an "attempt to conceal the crime," becoming powerful evidence for conviction in court. The Danger of Accomplice Testimony: Narcotics rings often shift the blame onto couriers to protect higher-ups. Without a lawyer, it is nearly impossible to challenge the credibility of these conflicting testimonies. 3. [Checklist] 5 Things to Organize Before Your Interview Before stepping into a police station, you must review the facts based on objective evidence (messages, call logs, etc.): Category Key Details Contact Origin When, who, and via which platform (KakaoTalk, Telegram, etc.) contacted you? Task Description Specifically, what were you instructed to receive, deliver, or transfer? Compensation Did you receive a fee, cryptocurrency, or cash? How much was the total? Awareness of Content What were you told was inside the package? What did you honestly believe it was? Chronological Actions Have you mapped out your physical movements in order of time? 4. Immediate Actions to Take Deleting evidence or avoiding contact is the worst decision you can make. You must consult an expert attorney immediately to: Legal Diagnosis: Determine your current status and the actual risk of arrest. Statement Strategy: Design the most favorable scenario—whether to confess, deny, or partially admit. Exercising Rights: Strategically use your Right to Remain Silent to block unfavorable questioning. Counsel Attendance: Your lawyer will accompany you to the interview to prevent coercive questioning and review the official records in real-time. 5. Decent Law Firm’s Criminal Defense System In drug cases, speed and expertise are everything. Decent Law Firm operates a dedicated defense system to protect our clients' lives. In-depth Fact Analysis: We review all digital records before the interview to anticipate the prosecution’s strategy. Blocking Illegally Obtained Evidence: We aggressively challenge any procedural violations (e.g., coercive interrogation or illegal search and seizure). Proactive Mitigation: We prepare "sentencing factors" (e.g., letters of remorse, rehabilitation efforts) from the very beginning to minimize potential penalties. [Disclaimer] This content is for general informational purposes only and does not constitute legal advice. Every case is unique and requires a direct consultation with a qualified attorney. Have you been contacted by the police? Whether your situation is viewed as a 'simple errand' or 'criminal conspiracy' depends entirely on your first interview. Don’t wait until it’s too late. Would you like to schedule an English-speaking consultation or receive a preliminary assessment of your case?
2026-02-11 Naver Blog -
Blogs
If you are suffering as a victim of cryptocurrency fraud involving wallets or related regulatory legislation, this is essential reading.
Cryptocurrency Fraud – Why Is It Increasing So Rapidly? The primary reasons for the recent surge in cryptocurrency fraud are information asymmetry and the complexity of its structure. Project structures, token issuance mechanisms, and profit models are often designed in ways that are difficult for ordinary investors to fully understand. This environment creates fertile ground for fraudulent schemes to appear as legitimate investment opportunities. Common types of cryptocurrency fraud include: Inducing investment by promising high returns Multi-level or referral-based structures resembling pyramid schemes Providing false listing information Guaranteeing profits through automated trading programs Such conduct may constitute fraud under Article 347(1) of the Criminal Act or violations of the Act on the Regulation of Conducting Fund-Raising Business Without Permission. Because technical explanations and whitepapers often exist on the surface, it is not easy to detect suspicion in the early stages. In particular, schemes that build trust by paying initial returns to early investors make it extremely difficult for victims themselves to recognize warning signs. As a result, cryptocurrency fraud often continues for a significant period before it is finally exposed. Cryptocurrency Fraud Damage – What Legal Issues Arise? The most critical legal issue in cryptocurrency fraud cases is distinguishing between a mere investment failure and a criminal act of fraud. Whether fraud is established must be assessed based on the circumstances at the time the investment was solicited. If, at the time of solicitation, the promoter had both the intent and ability to repay, a subsequent refusal to repay may constitute only a civil breach of contract rather than criminal fraud. However, if criminal liability is established, the following laws may apply: Fraud (Article 347(1) of the Criminal Act) Violation of the Act on the Regulation of Conducting Fund-Raising Business Without Permission (Articles 3 and 6(1)) Aggravated Fraud under the Act on the Aggravated Punishment of Specific Economic Crimes (Article 3(1)) From a civil perspective, key issues include: Claims for damages based on tort Claims for return of unjust enrichment In this process, identifying the perpetrator and tracing the flow of funds are decisive factors in determining the outcome of the case. In cryptocurrency fraud cases, securing digital evidence is essential. This includes: Cryptocurrency wallet addresses Exchange transaction records Platform logs Chat records Investment solicitation materials Since the subjective element of fraud (intent to defraud) must be inferred from objective circumstances—such as the defendant’s financial status, surrounding conditions, the content of the transaction, and the performance process—unless the defendant confesses, failure to secure such evidence at an early stage may make later proof extremely difficult. Essential Response Steps If You Have Been Defrauded If you realize that you have fallen victim to cryptocurrency fraud, the first step is to immediately stop any additional transfers and cease attempts to negotiate under the perpetrator’s persuasion. This does not mean that settlement for recovery is prohibited. However, even during settlement discussions, it is critical to secure evidence and obtain assistance from a legal professional. Another essential step is organizing evidence. You should systematically compile: Chat records Deposit and withdrawal records Promotional materials Contract-like documents Afterward, you must carefully determine the timing and method of filing a criminal complaint or reporting to investigative authorities. If a complaint is filed prematurely without sufficient evidence, it may negatively affect the investigation. Therefore, it is generally more effective to organize evidence thoroughly with professional legal assistance before initiating criminal proceedings. When victims attempt to handle the matter alone, the core nature of the case is often reduced to a simple dispute, or time is wasted without properly identifying the perpetrator. In cryptocurrency fraud cases, initial strategic direction and speed are crucial. This point cannot be emphasized enough.
2026-02-10 Naver Blog -
Blogs
How Should the Bithumb Bitcoin Erroneous Transfer Incident Be Viewed Legally?
Overview of the Incident A single input error resulted in an erroneous transfer worth approximately KRW 60 trillion. On February 6, 2026, an unprecedented incident occurred at Bithumb. Instead of distributing a promotional reward of KRW 2,000, a staff member mistakenly entered the unit incorrectly and transferred 2,000 Bitcoin. As a result, approximately KRW 196 billion per recipient was credited, and some of the Bitcoin was immediately sold on the market, causing a temporary sharp decline in prices. Although the incident originated from a system error, its impact extended far beyond an internal operational mistake and affected the broader market. Key Legal Issues The core legal issue in the Bithumb Bitcoin erroneous transfer incident lies in distinguishing criminal liability from civil liability. Many initially consider whether embezzlement charges could apply. However, according to the Supreme Court decision dated December 16, 2021 (2020Do9789), virtual assets are not considered “property” under the Criminal Act but rather “property-based interests.” The Court held that even if a person who receives mistakenly transferred virtual assets uses or disposes of them at their own discretion, it is difficult to conclude that such a person occupies a position of managing another’s affairs based on a fiduciary relationship. Accordingly, the offense of breach of trust does not apply. Therefore, merely receiving and using or disposing of virtual assets transferred by mistake does not easily lead to criminal punishment such as embezzlement or breach of trust under the current criminal law framework. However, the legal analysis does not end there. Assets acquired through the erroneous Bitcoin transfer constitute gains obtained without legal cause, and thus may be evaluated as unjust enrichment under the Civil Act. In such cases, the recipient bears an obligation to return the unjust enrichment regardless of intent or negligence. Even if part of the assets has already been disposed of, a recipient acting in bad faith must return the received benefits with interest and compensate for any resulting damages (Article 748(2) of the Civil Act). Since the obligation to return unjust enrichment does not have a fixed due date, the recipient becomes liable for delay damages from the time a demand for return is made (Article 387(2) of the Civil Act). Attorney’s Opinion “Although this incident originated from a system error, it will ultimately be resolved through restoration. Bithumb has sufficient recovery capabilities, and full recovery is legally possible. If any recipients are currently in discussions with Bithumb after receiving the erroneously transferred assets, returning them would be the prudent course of action to avoid unnecessary legal disputes. At this point, a rational resolution is necessary to preserve the integrity of the market.” Conclusion The outcome of this incident ultimately depends on the legal perspective applied. Decent Law Firm provides comprehensive legal analysis for recipients and related parties involved in large-scale virtual asset incidents such as the Bithumb Bitcoin erroneous transfer, including civil return procedures, negotiation processes, and dispute response strategies. By analyzing legal risks associated with different return methods, structuring negotiations with counterparties, and proposing response strategies to minimize additional damages, we aim to prevent disputes from escalating into prolonged litigation and to facilitate rational resolutions between the parties. The Bithumb Bitcoin erroneous transfer incident demonstrates how a technical mistake can quickly evolve into a serious legal issue. Only calm legal judgment and swift, well-informed responses can restore trust in the market. If you are a party with interests at stake in connection with the Bithumb Bitcoin erroneous transfer, a rational decision based on legal standards—rather than emotional judgment—is essential.
2026-02-09 Naver Blog
