Embezzlement Attorney | Embezzlement Attorney, Case of Defending a Suspended Sentence for Occupational Embezzlement of 70 Million Won

The client, as the chair of an apartment residents' representative council, was generally managing the public funds of the apartment residents, such as the maintenance fees.

The client received a payment of 80 million won in compensation for damages after reaching a settlement with the construction company regarding defects that had occurred in the apartment.

Momentarily acting on a wrongful impulse, the client decided to personally divert the compensation without informing the residents that the compensation had been received.

Accordingly, the client transferred approximately 70 million won out of the 80 million won in compensation to an account in the client's own name over several occasions and spent it for personal purposes.

The apartment residents, who belatedly learned of this fact, filed a criminal complaint against the client on a charge of occupational embezzlement.

In response, in order to avoid an actual custodial sentence, the client came to request a consultation with an embezzlement attorney.

① The point that the client acknowledges the facts charged and is showing remorse

The embezzlement attorney emphasized the point that the client acknowledges all of the facts charged and is showing remorse.

Accordingly, from the investigation stage, the attorney actively demonstrated that, without disputing the facts, the client acknowledged the entire offense and was maintaining an attitude of genuine remorse, such as by submitting a handwritten letter of apology.

In addition, the attorney emphasized the point that there is no concern of reoffending and persuaded the court that leniency was warranted.

② The point that part of the compensation was used for the cost of repairing apartment defects

The embezzlement attorney secured the client's bankbook records, the apartment management log, and the like, and proved the point that the client had actually used part of the compensation for the installation of apartment screening and the cost of defect repairs.

Accordingly, the attorney asserted that the client had not spent the entire compensation privately, but that a use for management purposes was partly included.

③ The point that a settlement with the victims and recovery of the damage were carried out

The embezzlement attorney emphasized the point that the client had reached an amicable settlement with the victims after the incident and had performed part of the compensation for the damage in that process.

Accordingly, the attorney explained that the client was not evading responsibility but was actively engaging in resolving the problem, and appealed for leniency.

In accordance with the embezzlement attorney's arguments, the court recognized the following points.

The level of punishment for embezzlement is prescribed in the Criminal Act.

Article 355 of the Criminal Act, a person charged with embezzlement may be subject to imprisonment for up to five years or a fine of up to 15 million won.

In the case of occupational embezzlement, under Article 356 of the Criminal Act, the person may be punished with imprisonment for up to 10 years or a fine of up to 30 million won.

If the amount of gain is 500 million won or more, the person is punished under the Act on Aggravated Punishment of Specific Economic Crimes.

If the amount of gain is 500 million won or more but less than 5 billion won, the person may be subject to imprisonment for a definite term of three years or more, and if the amount of gain is 5 billion won or more life imprisonment or imprisonment for five years or more.

1) Organizing the Structure of the Case and Constructing a Statement Scenario

Through a consultation with the client, the attorney organizes the circumstances of the receipt of funds, the process of use, and the point in time at which the problem arose, in chronological order.

On this basis, the attorney organizes the flow of statements so that unnecessary misunderstandings do not arise during the investigation, and prepares so that the facts are not distorted.

2) Analyzing the Flow of Funds and Specifying the Purpose of Use

Based on the bankbook transaction records, the attorney organizes, one by one, when and where the funds moved, and organizes the materials so that the portion used for management purposes and the portion used personally can be distinguished and explained.

Through this, the attorney responds so that the scope of the embezzlement and the degree of responsibility are revealed more clearly.

3) Organizing the Process of Recovery of Damage and Preparing the Materials to Be Submitted

the progress of the settlement with the victim, the records of repayment, and additional recovery plans in documents and prepares the materials to be submitted to the investigative agency and the court.

The attorney provides assistance so that, through objective materials, the point that the client is making efforts in the subsequent response can be conveyed.

If you need the help of an embezzlement attorney, we recommend that you receive a consultation through the 🔗Legal Consultation Reservation.