An overview of the incident:
The client has been operating a mobile phone dealership for many years and has been selling prepaid mobile phones to foreign customers.
However, due to unexpected social changes and performance pressures, the company faced difficulties in its business operations, and in a desperate attempt to maintain its performance, the company forged prepaid mobile phone subscription applications using customers' personal information and submitted them to the carrier.
Our client, who was involved in a criminal case due to his poor judgment and actions, came to us with deep remorse.
Case issues (case features):
In a situation where the client had admitted and confessed to all of the charges, the key issue was to obtain acquittal on some of the charges by applying the "enhancement of confession" rule, which states that a confession alone cannot be used to convict. In addition, it was important to show the client's sincere remorse, lack of risk of reoffense, and difficult family circumstances.
On-river assistance:
1. Thorough analysis of evidence to apply the law of confession enhancement:
The client admitted and confessed to all the criminal offenses from the beginning of the investigation. However, the defense team of Onkang Law Firm focused on the areas where the client's confession was the only evidence. By carefully comparing the client's confession with the evidence seized by the prosecution (such as the forged enrollment application), Onkang Law Firm found that there were many criminal offenses for which there was no actual evidence seized. Onkang explained the law of confession corroboration in detail to the trial court and strongly argued that the client's confession could not be used to incriminate him in the absence of evidence. This was a sophisticated strategy that allowed Onkang to rely on the client's confession, but also to poke holes in the law to create a defense.
2. the client's sincere remorse and lack of risk of reoffense:
Ong Kang actively sought to demonstrate to the trial court that the client was sincerely remorseful for his wrongdoing: he submitted several reflections written by the client himself; he submitted evidence that the client had cleaned up his cell phone dealership business and started a new means of livelihood, demonstrating that he was living in good faith; and he obtained and submitted a petition from his family, in which they reprimanded the client for his wrongdoing but pleaded for his sincerity and willingness to support his family, emphasizing the client's sincerity.
3. Request for mitigating circumstances and motive for the offense:
Provide objective evidence, such as a family relationship certificate or a copy of a disability welfare card, that the client is raising young children and is in a difficult family situation where he is caring for his disabled father. We also emphasized that there were mitigating factors in the client's motivation for the offense, detailing that the offense was not motivated by personal greed, but rather by performance pressures and desperation to make ends meet due to the prolonged COVID-19 pandemic. We also pointed out that the client's past criminal history was either a late offense or a minor fine, indicating a low risk of reoffense.
■ Result:
The court accepted Onkang's arguments and acquitted the client of some of the counts to which he confessed due to insufficient evidence and the law of confession enhancement. In light of the client's sincere remorse, lack of risk of reoffense, and difficult family circumstances, the court sentenced him to one year in prison, two years of probation, and 80 hours of community service, giving him the opportunity to start a new life. This was a significant result of Onkang's expert legal analysis and aggressive advocacy in a case where the client could have been convicted of all the counts to which he confessed.
Case outcome materials
