Jewel of S.Korea

Jewel of S.Korea

Saturday, October 21, 2017

Article : What would be legal punishment for switching daughter fraud?^^

Do not take it too serious!
This article was written by a professional lawyer 
who gave us some idea if this incident was happened in reality.

(**ED :: This's another reality check how popular this drama is in S. Korea now!^^)


BY FINANCIAL NEWS  ON OCTOBER 20, 2017


What if a person who wants to get out of the dirt 
and given the opportunity to use a false identity? 

 In the drama 'My Golden Life' 
(written by Su Hyung Kyung / director Kim Hyung Suk) 
This KBS2 weekend drama currently being broadcasted, it's the story of Su Ji-an 
(Shin Hye-sun) who has chosen to leave her life from poverty by abandoning 
her miserable life. This drama is gaining popularity among viewers 
by rapid development based on the regular material called "Secret of birth".

The main character, Ji-an, is very popular amony viewers.
Because of her strong fighting spirit and pleasant personality. 
The downside to her is that her father's bankruptcy fell to the grounds 10 years ago. 
Nonetheless, Su jian has lived up to her daily dreams of recruiting full-time employees 
of the Haesung Group. However, she was deprived of a full-time position 
by a parachute friend with a rich background, and in a worse case, 
she got into an accident with Choi Do Kyung (Park Si-hoo)

Then, something happened to overturn her current situation at that time. 
Upon receiving the news that she was a daughter of Haesung family 
who had been lost long time ago, she finally entered the Haesung family 
and left her family behind. But for her who had hoped for the flowering route, 
the world shows that she is not a real daughter. Also, from the very beginning, 
Seo Ji-soo (Seo Eun-soo) is a real daughter of Haesung.

Her mother, Kim Mi-jung (Kim Hyeon-keun), had committed a crime 
by switching Seo Jian instead of sending Seo Ji-su to her own parents. 
Seo Tae-soo (Chun Ho-jin) also got angry with this news, 
but he had to keep silent in front of his family.

At this time, if the Haesung family knows the whole story and prepares a legal response, 
who are the main custodians of the swapping and what punishment will they receive?

According to Article 347 of the Criminal Law, a person who has been given 
a gift of property or benefited from property with a deceitful person is found guilty 
of a crime of up to 10 years in prison or a fine of 20 million won or less. 
It is stipulated to receive the same sentence when it makes profit.

In this case, Kim Mi Jung, who knew exactly who is the daughter of Haesung, 
but still wanted to send her own daughter to be a Chaebol child. 
She had done it with a deceitful behavior and paid various economic interests. 
As a result of this, there has been obvious property damage to the Haesung entity, 
so the mate who led the fraud will be the suspect of the fraud.

Seo Tae soo, a father who acquiesced to this fact, may also be punished as 
an accomplice of the fraud. If the loss of Haesung is over 500 million, 
he will be subject to heavy penalties under the Act on Severe Punishment, etc.

In addition, the two parties are expected to pay compensation for mental damages
 and alimony for the property damage suffered by HaeSung and the swapping of 
the children through a separate civil litigation.

However, the other party of this fraud, 
Seo Jian, didn't know that she wasn't indeed a Haesung daughter, 
at the beginning and was not intent on perceiving a fraudulent crime, 
so she would not be subject to punishment or claim for damages.

It is her unbelievable opportunity that came to her life. 
It will come as a temptation that can not be rejected by the earthlings 
who have already been tortured and frustrated. 
The process of finding the true "Golden life" that Jian know all the facts 
seems to give deep sympathy and resonance to viewers.


Writer :: Attorney Yong Hwan Ko Attorney at Law, thank you!

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