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보육교사의 아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)

의뢰인은 어린이집에서 근무하는 보육교사로, 영유아반을 담당하여 맡고 있었습니다. 사건당일 의뢰인은 마스크를 스스로 착용하는 방법을 교육하는 과정에서 피해아동의 몸을 흔들고, 얼굴을 손가락으로 찌르는 등의 행위를 하였습니다. 피해아동이 울음을 터뜨리자 벽쪽에 서있도록 벌을 세우고, 10분간 우는 아이를 달래주지 않은 채로 방임하였습니다. 이와 같은 행위로 아동학대 혐의로 신고되었고, 사건일 전후의 CCTV를 전수조사한 결과 추가 혐의가 인지되어 총 11건 혐의로 기소되었습니다.   ■ 사건쟁점 아동복지법 제17조 제5호는 아동에 대한 금지행위로 ‘아동의 정신건강 및 발달에 해를 끼치는 정서적 학대행위’를 규정하고 있습니다. 정서적 학대행위는 그 규정이 모호하고 포괄적인 만큼 해당 법리에 대해 따져보는 것이 중요합니다. 이에 의뢰인의 11건 혐의 각각이 정서적 학대행위에 해당하는지 여부에 대해 밝히는 것이 사건의 쟁점이었습니다.   ■ 쟁점해결 법무법인 온강의 변호인단은 의뢰인과 상담 직후 해당 증거자료열람을

Fraud charges filed after borrowing money for business and failing to pay it back

■ Overview of the Case The client was running a business and encountered a shortage of funds in the process of business expansion. The client borrowed funds from an acquaintance, but lost the ability to repay due to business failure and became involved in a legal dispute. The client admitted that his mistake in judgment and management failure caused financial damage to the victim, and he was deeply remorseful and striving to recover the damage. Under these circumstances, the client sought out Ongang Law Firm to resolve the case. ■ Case Issues The key issue in the case was whether the client was guilty of fraud because he expressed his intention to repay the money even though he was unable to do so at the time he borrowed the money from the victim. Ongkang's assistance Ongkang's lawyers carefully analyzed the client's situation and formulated a strategy to resolve the case. First, the client's history of business failure and use of funds to prove that he had no malicious intent to deceive in his relationship with the victim.

Allegations of using another person's identity to obtain medical care, psychotropic drugs, and fraud in obtaining insurance benefits

Case Summary The client was accused of using another person's identity to obtain medical care and prescription drugs while seeking psychiatric treatment. Over the course of several months, the client was found to have used another person's social security number to receive medical treatment and prescribed psychotropic medications, and to have fraudulently received insurance benefits from the National Health Insurance Service. The client was deeply troubled when the investigation began and approached Ongang Law Firm. ■ Case Issues The main issues in this case were threefold: first, the client's medical condition and the specificity of his motive for committing the crime; second, sentence adjustment in a situation where multiple crimes were contested; and third, effective guidance to prevent recidivism. In particular, due to the nature of the crime involving psychotropic drugs, the possibility of a prison sentence could not be ruled out, so a therapeutic approach was necessary. The defense team at Onkang Law Firm was able to prove that the client's motive for committing the crime was not just to gain profit.

Fraud charges for borrowing money for a business and then failing to repay it.

■ Case Overview The client approached the victim in connection with his business, explaining that he needed business funds and that he was profitable and had sufficient ability to repay. The client borrowed tens of millions of won from the victim, but was accused of not having sufficient ability to repay at the time. ■ Case Issues First, whether the fraud was intentional. The prosecution argued that the client had no intention or ability to repay from the beginning, while the defense emphasized that the delay in repayment was a temporary delay caused by the process of raising funds for business expansion. Second, the possibility of restitution and settlement. Given the client's criminal record, settlement with the victim was essential to avoid imprisonment. ■ Resolving the Issues Ongang's defense team developed the following defense strategy: First, we focused on aggressive settlement mediation with the victim. We maintained constant communication between our client and the victim to reach an amicable settlement.

Alleged voice phisher turns himself in after engaging in voicemail scam with overseas sex trafficking videos

■ Case Overview The client was introduced to the crime by members of a voice phishing organization at his home office, who explained the crime to him. The client engaged in voice phishing by calling victims in a foreign country and demanding money in exchange for videos of sex trafficking. The client extorted money from the victims, but felt remorseful during the crime and voluntarily stopped the crime, and after returning to Korea, he turned himself in. ■ Case Issues In this case, the client admitted to the crime and showed deep remorse and remorse, so our defense team's main goal was to minimize the sentence and obtain probation. In particular, the issue was whether the client, a first-time offender, would be sentenced to imprisonment or probation. Given the serious nature of the offense, it was important to determine how the court would assess the client's sincere remorse, willingness to improve, and efforts to repair the damage. The issues

Allegations of fraud where a procurement officer defrauded a customer by overpaying a vendor

The client's job was an ordering representative. The client and the victim were partners in a company and did business with the victim's company. The client ordered more than the victim needed and misappropriated a portion of the money wired to the victim in various ways. The client was tried for fraud. ■ Case Issues The client caused the company to over-order the products it needed, and then had the company's financial officer transfer the amount of the over-order to the manufacturing company, resulting in damages to the victim company amounting to 100 million units. Therefore, it was important for the client to compensate for the damages and avoid imprisonment through a plea bargain, as severe punishment was inevitable even if the amount was compensated. The defense lawyers at Ongang Law Firm argued that the amount of damages compensated by the defendant was reasonable, even though it fell short of the total amount of damages; that the defendant committed the crime due to his difficult livelihood and the degree of blame was relatively weak; that many people

Business embezzlement accused of embezzling about 100 million won in rent from tenants

While working as a brokerage assistant for a company, the client arbitrarily spent about 100 million won on dozens of occasions without passing on the rent received from a tenant to the victim. The client was sued by the company for business embezzlement. Case Issues 1) First, in the case of business embezzlement, settlement with the victim was a priority. However, in this case, the victim made it clear to the client that the settlement could not proceed unless the client agreed to pay the full amount. 2) In this regard, it was expected that the defendant would face difficulties in admitting the facts of the prosecution as well as in proceeding with the settlement. 3) In addition, it was necessary to carefully review and organize the client's plea materials. Resolution of Issues Ongang Law Firm's defense team made every effort to reach a settlement with the victim. Although it was not possible to reimburse (i.e., recover damages) for the full amount stated in the indictment at this point in time.

Embezzlement of store money and fraud charges for obtaining tutoring fees with false academic credentials

The client was in charge of store management at a store run by the victim, and he manipulated the POS records and took hundreds of thousands of won. The client also lied about his educational background and promised to get the victim's child into a university in the Seoul metropolitan area, despite the fact that he had not graduated from a prestigious university in Seoul. The client was put on trial for business embezzlement and fraud. ■ Case Issues The client admitted to all the facts and was remorseful. However, the victim claimed that the client must have embezzled a larger amount of money and was demanding a settlement of more than KRW 30 million, making it difficult to settle the case. Therefore, it was important for our lawyers to avoid imprisonment as much as possible by pleading guilty without settlement if the case could not be settled for a reasonable amount. ■ Resolving the Issues Ongang's lawyers were able to prove that their client had embezzled hundreds of thousands of won.

Charges of business embezzlement, falsification of official documents, and forgery of documents for embezzling union dues and falsifying receipts by a union chairperson.

The client was the chairman of labor union A. He kept the prevailing wage litigation fee remitted by his members for several years from around 2017, but spent some of it for other purposes, used some of the union's activity fees, and forged 11 simple receipts to submit to the union's auditor in preparation for the audit. The client was tried on charges of business embezzlement, fraudulent document forgery, and falsifying documents. The client wanted to deny the crime because he did not intentionally commit the crime. However, given the years of the crime and the tens of millions of won in damages, it was very likely that the client would be sentenced to prison if he denied the crime and did not settle. It was important to convince the client to settle and receive a good behavior. The client initially denied all wrongdoing, but we convinced him to admit by explaining that spending prevailing wage litigation fees for other purposes constituted business misappropriation as a matter of law. We also convinced him that the union's substantial

Alleged voice phishing call center agent impersonating an investigator

The client was charged with being a voice fraud call center agent after he called victims posing as an investigator from a voice fraud call center established by a Korean ethnic group leader and had them forward the money to a collector. The case involved the arrest and detention of the mastermind, who was in China, followed by the arrest and detention of the members of the organization who worked with him. All of the members of the phishing organization were arrested except for our client, and in order to avoid imprisonment, our client came to Ongang Law Firm, a law firm specializing in voice phishing, to help him obtain a suspended sentence. In this case, the client was looking for a law firm specializing in voice phishing to help him avoid imprisonment and to obtain a suspended sentence. ■ Case Issues In recent years, the level of punishment for forwarders and withdrawers, which are subordinate offenses in voice phishing cases, has increased, and unless a settlement is reached with the victims, they are sentenced to imprisonment. Therefore, it was common for the client to be detained during the investigation or trial.