CONTENTS
- 1. The Client Who Came to the Namyangju Law Office
- 2. The Assistance Provided by the Namyangju Law Office
- - Assistance from the Namyangju Law Office 1. Asserting the Inaccuracy of the Complainant’s Claim
- - Assistance from the Namyangju Law Office 2. Asserting That the Client Used His Personal Funds
- 3. The Namyangju Law Office, ‘No Prosecution’ Decision for the Client Charged with Occupational Embezzlement
1. The Client Who Came to the Namyangju Law Office
The client who requested assistance from the Namyangju law office asked us to resolve the injustice of an 🔗embezzlement charge.
At the Daeryun Namyangju law office, we examined the case through a detailed consultation with the client.
The Namyangju Law Office Explains the ‘Crime of Embezzlement’
Occupational embezzlement refers to the crime of embezzling another person’s property held in the course of one’s duties, in violation of that duty.
- Violation of the Criminal Act
• Where a person who holds another’s property embezzles that property or refuses to return it (Article 355, Paragraph 1 of the Criminal Act): imprisonment for not more than 5 years or a fine not exceeding 15 million won
• Where a person who handles another’s affairs, through an act in violation of that duty, obtains a pecuniary advantage or causes a third person to obtain it, thereby causing loss to the principal (Article 355, Paragraph 2 of the Criminal Act): imprisonment for not more than 5 years or a fine not exceeding 15 million won
• A person who commits the crime under Article 355 in violation of an occupational duty (Article 356 of the Criminal Act): imprisonment for not more than 10 years or a fine not exceeding 30 million won
-Sentencing Factors for Embezzlement
▲ Where the risk of loss has not been substantially realized
▲ Where the degree of the breach of duty is minor
▲ Genuine remorse
▲ No prior criminal punishment
2. The Assistance Provided by the Namyangju Law Office
The Namyangju law office, asserting that the client fully denied the facts of the occupational embezzlement charge, provided a defense strategy to support that assertion.
Assistance from the Namyangju Law Office 1. Asserting the Inaccuracy of the Complainant’s Claim
The Namyangju law office first pointed out that the complainant’s assertion was inaccurate.
The complainant asserts that, of the 100 million won in transaction funds paid to the client, he did not receive the expenditure records for 60 million won, and that the client therefore embezzled that money.
However, examining the client’s bank transaction statement, which records the funds exchanged between the complainant and the client for the transaction, shows that this is not true.
The Daeryun Namyangju law office submitted that bank transaction statement as evidence and rebutted the complainant’s assertion.
Assistance from the Namyangju Law Office 2. Asserting That the Client Used His Personal Funds
The Namyangju law office revealed that the client and the complainant were relatives.
The client and the complainant are cousins. Knowing well that the complainant’s financial circumstances were not comfortable, the client would sometimes cover urgently needed funds with his own cash first.
The Namyangju law office organized and submitted as evidence the records of the cash payments and receipts for the funds in this case.
Based on his blood relationship with the complainant, the client carried out the transaction work, going so far as to advance his own personal cash in urgent situations to ensure that the work proceeded smoothly.
The Namyangju law office argued that, in light of the client’s conduct, it was difficult to find that intent with respect to occupational embezzlement was established.
3. The Namyangju Law Office, ‘No Prosecution’ Decision for the Client Charged with Occupational Embezzlement
As a result of the assistance of the Namyangju law office, the client was able to obtain a no-prosecution decision for insufficient evidence on the occupational embezzlement charge.
The client said, “I worked hard while being considerate of his situation, and I never expected to be betrayed like this. Thanks to the Daeryun Namyangju attorney, I was able to clear my name.”
If you have been driven into an unjust charge as described above, the safest course is to establish a defense strategy with the help of a specialized attorney, using legal evidence that can prove your innocence.
At Daeryun Law Firm, specialized 🔗attorneys with an average of more than 10 years of experience provide case-tailored defense strategies dedicated solely to the client.
If you are looking for an attorney’s office in a situation like the one above, please visit the Daeryun Law Firm 🔗Namyangju Office.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
