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BlogsAttorney 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 -
Blogs
If You Need Help Reporting Unpaid Compensation as a Freelancer and Seeking Assistance from the Labor Office, Read This Carefully
Why Is Unpaid Compensation So Common for Freelancers? One of the most frequent problems freelancers face is the non-payment of service fees or compensation. Phrases such as “Let’s settle everything next month,” “The client hasn’t paid us yet,” or “The performance is unclear, so it’s hard to finalize the amount” come up repeatedly. Payment responsibility is often postponed on the grounds that the individual is “not an employee,” or work proceeds without a clearly defined payment structure from the outset. The absence of employment insurance or coverage under the four major social insurance schemes, combined with an environment where it feels difficult to raise issues about non-payment, makes freelancers even more vulnerable. At this stage, however, one point must be clearly understood. The root of the problem is not the freelancer’s status itself, but contracts and compensation structures that were disadvantageously designed from the beginning. Being a Freelancer Does Not Mean “Wages” Are Never Protected Many freelancers facing unpaid compensation conclude, “I’m not an employee, so I’m not protected.” However, legal determinations are not based on the title of the contract, but on the actual nature of the work relationship. Courts consider factors such as whether the user determined the content of the work and exercised substantial direction and supervision during its performance, whether working hours and locations were designated and binding, and whether the individual could independently operate a business—for example, by owning equipment or hiring third parties to perform the work. They also assess whether the compensation constitutes payment for the labor itself, whether a base or fixed salary was set, and whether there was continuity in the work relationship and exclusivity toward the user. When these elements are recognized, there are many cases where, despite a “freelancer” contract, worker status is acknowledged and the issue of unpaid service fees is treated as unpaid wages under the Labor Standards Act. Even if worker status is ultimately denied, that does not mean there is no way to respond. Claims can still be pursued as civil claims for unpaid service fees or compensation. The most dangerous decision is to prematurely rule out these possibilities on your own. Why Handling the Issue Alone Often Makes Things Worse for Freelancers When payment is withheld, emotions can easily take over. However, a single hastily sent message can put the entire response to unpaid freelancer compensation at a disadvantage. Such messages are often used to justify non-payment or are exploited as evidence to evade responsibility. Outcomes vary significantly depending on whether a payment date was specified, how performance-based clauses are interpreted, and what legal meaning is attributed to verbal agreements or messenger conversations. If handled incorrectly, freelancers may be directly exposed to arguments such as “the compensation was never agreed upon,” “performance was insufficient,” or “there is no obligation to pay due to contract termination.” This is not an issue an individual should be expected to endure alone. Without reassessing the underlying structure, unpaid compensation issues for freelancers tend to become prolonged. Decent Law Firm’s Approach to Handling Unpaid Compensation for Freelancers Decent Law Firm does not view unpaid freelancer compensation as a simple matter of payment demands. From the initial stage, we review both the contract and the actual work performed to conduct a detailed analysis of potential worker status. We systematically organize messenger records, emails, and past payment practices to prevent the formation of justifications for refusing payment. Where worker status is recognized, we pursue claims that include unpaid wages, severance pay, and statutory late payment interest (20% per annum under Article 37(1) of the Labor Standards Act and Article 17 of its Enforcement Decree). Where worker status is denied, we shift strategy to claims for unpaid service fees or damages under civil law. There is only one guiding principle. Whether the chosen approach makes it realistically possible to recover the money. If you are a freelancer losing sleep over this issue, remember clearly that you are not alone. If, on the other hand, you treat this matter lightly, even amounts that could have been recovered may be lost, and unpaid compensation can solidify into irreversible financial damage.
2026-02-06 Naver Blog -
Blogs
If You’re Curious About Debt Relief and Repayment Options for Crypto Loans, Read This Carefully
Why Crypto Loans Become Problematic in Rehabilitation and Bankruptcy Proceedings Crypto loans differ fundamentally from conventional personal loans or private lending, as the form of collateral and transaction pathways are often unclear or non-standard. In rehabilitation and bankruptcy practice, crypto loans typically fall into the following categories: Exchange-linked crypto loan products Private, peer-to-peer loans secured by crypto assets Loans provided through overseas crypto platforms Many debtors mistakenly assume that crypto-related debts do not need to be disclosed, or that overseas transactions fall outside Korean legal procedures. This assumption is highly risky. Once a debt is omitted, it may later be excluded from discharge and continue to survive. Moreover, if the integrity of the procedure is compromised, courts are more likely to dismiss the case or deny discharge. From the moment a debtor makes unilateral judgments, the case can begin to move in an unfavorable direction. How Crypto Loans Are Treated in Rehabilitation and Bankruptcy Whether a crypto loan is recognized as a valid debt depends on the legal structure of the loan and the flow of funds. Where crypto assets were provided as collateral, courts must assess whether the collateral arrangement can be legally recognized as a secured claim under the Debtor Rehabilitation and Bankruptcy Act (such as a rehabilitation secured claim or a separately satisfied claim). If the collateral structure is not legally valid, the debt is treated as a general rehabilitation claim or bankruptcy claim. In addition, the timing and method used to assess the market value of crypto assets are critical in determining the debtor’s asset pool. Price volatility and whether the crypto collateral has already been liquidated directly affect the feasibility of a rehabilitation repayment plan. In bankruptcy cases, further issues may arise, including: Whether repayments or collateral provided to specific creditors prior to filing are subject to avoidance actions under Articles 391–407 of the Debtor Rehabilitation and Bankruptcy Act Procedural complications in claim verification and distribution involving overseas creditors In practice, many debtors become worse off not because of the amount of debt itself, but because the handling of crypto loans is legally flawed. Key Issues That Must Be Addressed When You Have Crypto Loans The reason crypto loan transactions and borrowing relationships must never be concealed is straightforward. Courts determine whether to approve a rehabilitation plan or grant a discharge based on the accuracy and completeness of the debtor’s asset and creditor disclosures (Articles 147, 148, and 564(1)(3) of the Debtor Rehabilitation and Bankruptcy Act). Accordingly, full and accurate disclosure of all assets and liabilities is mandatory. When properly organized documentation is submitted, proceedings tend to progress in a stable and predictable manner. Conversely, if the initial approach is incorrect, corrective orders are repeatedly issued, the risk of dismissal increases, and both time and costs escalate unnecessarily. At this stage, the debtor’s response strategy—and whether professional guidance is involved—often determines the outcome. For many individuals losing sleep over crypto loan issues, proper legal handling is the first step toward regaining stability. How Decent Law Firm Handles Rehabilitation and Bankruptcy Cases Involving Crypto Loans Decent Law Firm approaches crypto loan cases by first restructuring the underlying transaction framework to align with court standards. We develop tailored response strategies based on loan type—exchange-linked products, overseas platforms, or private lending—and adjust for crypto holdings, liquidation timing, and market volatility so these factors do not negatively affect the procedure. Our assistance goes far beyond administrative filing. We provide strategy-driven legal handling designed to proactively prevent dismissal or denial of discharge. Rather than concluding that “crypto loans make rehabilitation impossible,” we focus on how crypto loans must be handled to make rehabilitation or bankruptcy legally viable. If crypto-related debts and assets are not accurately identified and properly addressed, they can materially undermine plan approval or discharge decisions. For this reason, a structured and professional response from the earliest stage is essential. Having crypto loans does not make rehabilitation or bankruptcy impossible. However, improper handling can make it impossible. You do not need to carry that risk alone—Decent Law Firm provides the legal strategy and response needed to navigate crypto loan issues effectively.
2026-02-06 Naver Blog
