A successful case of receiving a suspended sentence for involvement in…
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1. Summary
International students A and B (“Clients”) from Kazakhstan, came to study at a Korean university immediately after they graduated from high school.
As the Clients were searching for part-time work to cover living expenses, a phone scam organisation contacted them on social media, misrepresenting itself as a major company offering a “legitimate part-time job”.
The Clients, unaware of phone scams and misunderstanding them to be an ordinary part-time job, undertook tasks as relay device administrators under the instructions of the phone scam organisation, such as managing telecommunications equipment, for approximately 10 days. The clients were arrested by the police officers who investigated the case.
Consequently, the Clients were indicted and detained as defendants in a phone scam case. The Clients' family in Kazakhstan, having been made aware of the situation, visited KL (KORUS LAW) Law Office.
2. Our Role
Currently, phone scams are regarded as serious offences with stringent penalties. Being a foreigner and claiming ignorance cannot serve as grounds for leniency.
At the time of the arrest, communication devices and mobile phones related to the crime were seized from the dormitory. However, KL accurately assessed that the seized items made the Clients' claim that they 'did not know the part-time job was a crime' difficult to be accepted.
Accordingly, KL (KORUS LAW) Law Office developed strategies to facilitate the Clients' expeditious return to their home country.
(1) KL acknowledged that the Clients were at least negligently aware of the crime. However, KL argued that the Clients were merely exploited by the phone scam organisation.
(2) Further, KL argued that the Clients were minimally involved in the phone scam, financially gaining only 300,000 Korean Won. KL argued that crime was terminated by the timely arrest of law enforcement before any actual victimisation.
(3) Additionally, KL emphasised the Clients’ nationality, age, character, and family circumstances to convince the Court that they are unlikely to reoffend.
(4) Especially, Representative Attorney Ko Minseok, who serves as the Honorary Legal Advisor to Kazakhstan, requested the Embassy to submit a petition and sought close cooperation.
Consequently, the Court made an exceptional decision, issuing a suspended sentence for the Clients involved in the phone scam.
The Clients were released from detention on the day of sentencing and will return to their home country after being placed in a protective facility by the immigration office.
3. Significance
Recently, Korean society has been strictly responding to and punishing phone scams. Given that even those involved in phone scams merely as part-time workers cannot avoid a prison sentence, the outcome in this case is unprecedented.
Foreigners often become unknowingly involved in a crime due to ignorance of Korean law. In such cases, it is difficult to actively respond to criminal proceedings. KL (KORUS LAW) Law Office understands the challenges faced by foreigners subjected to criminal trials in a foreign country and communicates with them and their families in the local language, offering swift and effective solutions.
If you are experiencing difficulties in criminal cases, please contact KL (KORUS LAW) Law Office, where swift responses are available in the local language.
4. Client Testimonial
Dear KL (KORUS LAW),
We would like to express our sincere gratitude to KL (KORUS LAW) for the exceptional quality of your legal services, professionalism, and careful approach in resolving legal issues. We were able to successfully resolve complex legal issues requiring detailed attention and specialised knowledge by KL (KORUS LAW)’s expertise and experience.
The team at KL (KORUS LAW) proved themselves to be true experts, supported by their in-depth understanding of the latest legal trends and practical experience.
We were able to achieve our goals efficiently and within the set deadlines with your attention to detail, clear communication, and prompt responses. KL (KORUS LAW)'s ability to find optimal solutions, even in difficult or exceptional situations is admirable.
The cases managed by KL (KORUS LAW) are a true example of high-quality legal support. We sincerely appreciate all your hard work and dedication.
With respect and gratitude,
N**** *****
----
Dear KL (KORUS LAW),
I hope this letter finds you well. On behalf of our family, I would like to express our heartfelt gratitude for the outstanding legal support provided by KL (KORUS LAW) in my son's case.
KL (KORUS LAW)’s professionalism, dedication, and focused efforts on our case were truly exceptional. From the beginning to the end, you listened to our concerns, responded quickly to our emails, and provided clear and effective advice at every step. We were able to maintain confidence during a very difficult and uncertain time by KL (KORUS LAW)’s guidance,
We are deeply relieved and joyful with the successful outcome, all thanks to your passionate efforts and expertise in achieving it. KL (KORUS LAW) not only protected our son's rights but also brought peace to our family during this process. We are truly grateful for everything you have done for us.
Please pass on our sincere thanks to everyone involved in this case. We will always be grateful for KL (KORUS LAW)’s support and will gladly recommend your services to others experiencing difficulties.
With sincere appreciation,
A***** *********
International students A and B (“Clients”) from Kazakhstan, came to study at a Korean university immediately after they graduated from high school.
As the Clients were searching for part-time work to cover living expenses, a phone scam organisation contacted them on social media, misrepresenting itself as a major company offering a “legitimate part-time job”.
The Clients, unaware of phone scams and misunderstanding them to be an ordinary part-time job, undertook tasks as relay device administrators under the instructions of the phone scam organisation, such as managing telecommunications equipment, for approximately 10 days. The clients were arrested by the police officers who investigated the case.
Consequently, the Clients were indicted and detained as defendants in a phone scam case. The Clients' family in Kazakhstan, having been made aware of the situation, visited KL (KORUS LAW) Law Office.
2. Our Role
Currently, phone scams are regarded as serious offences with stringent penalties. Being a foreigner and claiming ignorance cannot serve as grounds for leniency.
At the time of the arrest, communication devices and mobile phones related to the crime were seized from the dormitory. However, KL accurately assessed that the seized items made the Clients' claim that they 'did not know the part-time job was a crime' difficult to be accepted.
Accordingly, KL (KORUS LAW) Law Office developed strategies to facilitate the Clients' expeditious return to their home country.
(1) KL acknowledged that the Clients were at least negligently aware of the crime. However, KL argued that the Clients were merely exploited by the phone scam organisation.
(2) Further, KL argued that the Clients were minimally involved in the phone scam, financially gaining only 300,000 Korean Won. KL argued that crime was terminated by the timely arrest of law enforcement before any actual victimisation.
(3) Additionally, KL emphasised the Clients’ nationality, age, character, and family circumstances to convince the Court that they are unlikely to reoffend.
(4) Especially, Representative Attorney Ko Minseok, who serves as the Honorary Legal Advisor to Kazakhstan, requested the Embassy to submit a petition and sought close cooperation.
Consequently, the Court made an exceptional decision, issuing a suspended sentence for the Clients involved in the phone scam.
The Clients were released from detention on the day of sentencing and will return to their home country after being placed in a protective facility by the immigration office.
3. Significance
Recently, Korean society has been strictly responding to and punishing phone scams. Given that even those involved in phone scams merely as part-time workers cannot avoid a prison sentence, the outcome in this case is unprecedented.
Foreigners often become unknowingly involved in a crime due to ignorance of Korean law. In such cases, it is difficult to actively respond to criminal proceedings. KL (KORUS LAW) Law Office understands the challenges faced by foreigners subjected to criminal trials in a foreign country and communicates with them and their families in the local language, offering swift and effective solutions.
If you are experiencing difficulties in criminal cases, please contact KL (KORUS LAW) Law Office, where swift responses are available in the local language.
4. Client Testimonial
Dear KL (KORUS LAW),
We would like to express our sincere gratitude to KL (KORUS LAW) for the exceptional quality of your legal services, professionalism, and careful approach in resolving legal issues. We were able to successfully resolve complex legal issues requiring detailed attention and specialised knowledge by KL (KORUS LAW)’s expertise and experience.
The team at KL (KORUS LAW) proved themselves to be true experts, supported by their in-depth understanding of the latest legal trends and practical experience.
We were able to achieve our goals efficiently and within the set deadlines with your attention to detail, clear communication, and prompt responses. KL (KORUS LAW)'s ability to find optimal solutions, even in difficult or exceptional situations is admirable.
The cases managed by KL (KORUS LAW) are a true example of high-quality legal support. We sincerely appreciate all your hard work and dedication.
With respect and gratitude,
N**** *****
----
Dear KL (KORUS LAW),
I hope this letter finds you well. On behalf of our family, I would like to express our heartfelt gratitude for the outstanding legal support provided by KL (KORUS LAW) in my son's case.
KL (KORUS LAW)’s professionalism, dedication, and focused efforts on our case were truly exceptional. From the beginning to the end, you listened to our concerns, responded quickly to our emails, and provided clear and effective advice at every step. We were able to maintain confidence during a very difficult and uncertain time by KL (KORUS LAW)’s guidance,
We are deeply relieved and joyful with the successful outcome, all thanks to your passionate efforts and expertise in achieving it. KL (KORUS LAW) not only protected our son's rights but also brought peace to our family during this process. We are truly grateful for everything you have done for us.
Please pass on our sincere thanks to everyone involved in this case. We will always be grateful for KL (KORUS LAW)’s support and will gladly recommend your services to others experiencing difficulties.
With sincere appreciation,
A***** *********