CONTENTS
- 1. The Client Who Requested a Tongyeong Attorney Consultation
- - The Statutes Relevant to the Client's Case as Reviewed Through the Tongyeong Attorney Consultation
- 2. Tongyeong Attorney Consultation, Assistance for the Client's Appeal
- - Tongyeong Attorney Consultation, Arguing That the Offense Was Not Intentional
- - Tongyeong Attorney Consultation, Arguing That the Client Was a Dedicated Soldier Devoted to the Nation
- 3. The Result of the Tongyeong Attorney Consultation, Reversing the Original Judgment and Obtaining a Suspended Sentence
1. The Client Who Requested a Tongyeong Attorney Consultation
The client who sought a Tongyeong attorney consultation and visited Daeryun wished to pursue an appeal.
At the first instance, the client had received a sentence of imprisonment on charges including 🔗occupational breach of trust and 🔗fraud.
The Daeryun Tongyeong attorney grasped the case through a thorough consultation with the client.
The client, who was serving at a unit near Tongyeong, came to be investigated on charges including occupational breach of trust, fraud, and preparation of a false official document in connection with a matter relating to payments to a supplier, and received a sentence of imprisonment at the first instance.
The client wished to avoid an actual custodial sentence above all, and through the Tongyeong attorney consultation decided to pursue an appeal.
The Statutes Relevant to the Client's Case as Reviewed Through the Tongyeong Attorney Consultation
Occupational breach of trust refers to conduct in which a person who handles the affairs of another, through an act in violation of his or her duties, obtains a pecuniary benefit or causes a third party to obtain one, thereby inflicting loss.
Under the Criminal Act, occupational breach of trust may be punished by imprisonment for not more than ten years or a fine not exceeding thirty million won. Aggravated punishment is also possible depending on the amount of the pecuniary benefit obtained through the breach of trust.
The crime of preparation of a false official document refers to a case in which a public official, for the purpose of uttering it, falsely prepares or alters a document or drawing relating to his or her duties, and it may be punished by imprisonment for not more than seven years or a fine not exceeding twenty million won.
The crime of fraud refers to a crime of receiving property or obtaining a pecuniary benefit by deceiving another. Fraud may be punished by imprisonment for not more than ten years or a fine not exceeding twenty million won.
2. Tongyeong Attorney Consultation, Assistance for the Client's Appeal
Through the Tongyeong attorney consultation, Daeryun undertook to provide assistance at the appellate stage so that the client could receive a lighter sentence than the judgment at the first instance.
Tongyeong Attorney Consultation, Arguing That the Offense Was Not Intentional
Through the Tongyeong attorney consultation, Daeryun argued that the client had not committed the offense intentionally.
The client, who was serving at a unit near Tongyeong, frequently had to procure supplies and equipment from a distant town.
When attempting to carry out such procedures through formal official document processing, there were many cases in which the work could not be done in line with the budget allocated by the military for the period when it was needed.
Because of that geographical environment, from the standpoint of the staff member in charge of the work, the payment dates with the private companies supplying the goods had to be aligned well in order to handle the work in a timely manner.
Carrying out the matter through the official procedure was somewhat complicated, and because the payment dates desired by the companies could not be met, the advance payments that had been made became the problem.
Through the Tongyeong attorney consultation, Daeryun emphasized that the client had not committed the offense intentionally in order to obtain personal gain.
Tongyeong Attorney Consultation, Arguing That the Client Was a Dedicated Soldier Devoted to the Nation
Through the Tongyeong attorney consultation, Daeryun argued that the client had been a soldier who devoted himself to the nation and served faithfully for more than ten years.
The client took great pride in his role and continued his military life, voluntarily working overtime almost every day.
In addition, he was a true soldier who devoted himself to the nation, including by voluntarily volunteering to serve at one of the remote outposts.
Through the Tongyeong attorney consultation, Daeryun emphasized that it was unjust for the client, who had devoted himself to the nation over a long period, to receive an excessively heavy punishment for a single momentary mistake.
3. The Result of the Tongyeong Attorney Consultation, Reversing the Original Judgment and Obtaining a Suspended Sentence
Through the Tongyeong attorney consultation, the client succeeded in having the sentence of imprisonment imposed by the lower court reversed.
The court stated, “the defendant's argument that the lower court's determination contains the error of mistaking the facts and misapprehending the law has merit.”
If you need to file a criminal complaint or respond to charges for matters such as occupational breach of trust, a meticulous analysis of the facts during the course of the proceedings and of the elements constituting the crime is required.
Daeryun Law Firm provides client-tailored defense assistance at each procedural stage of a case, including investigation and trial defense, through consultations with specialized attorneys.
If you need an attorney consultation in the Tongyeong area for a situation such as the one above, please visit the 🔗Tongyeong office of Daeryun Law Firm.
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.
