[Chuncheon Criminal Litigation Attorney Assistance] Non-Prosecution for a Client Charged With Preparation of a False Official Document Through the Assistance of a Chuncheon Criminal Litigation Attorney

The client who requested the assistance of a Chuncheon criminal litigation attorney was a public official in charge of a farmer support program at a local government.

While actively carrying out the program for the residents, a change to the program was made at the residents' request, and time became tight.

The client was in a situation in which he had to visit the residents' business sites within a short period and conduct a review of whether to grant the subsidies.

Lacking time, the client inspected some of the business sites at random, and even for those he could not visit, he proceeded with the disbursement of subsidies on the judgment that there would be no problem.

However, it came to light that some of the business sites for which he had not conducted an on-site verification had received subsidies by improper means.

As a result, the police determined that the client had assisted the farmers in the improper receipt of subsidies, and the client was, somewhat unfairly, referred to the prosecution.

Because the client was at risk of suffering disadvantages such as disciplinary action or dishonorable dismissal if he were punished on the charge of a false official document, he requested the assistance of a Chuncheon criminal litigation attorney to defend against punishment.

■ Article 225 (Forgery or Alteration of Official Documents, etc.)

A person who, for the purpose of uttering, forges or alters a document or drawing of a public official or public office shall be punished by imprisonment for not more than 10 years.

■ Article 226 (Preparation of Official Documents, etc. Through the Fraudulent Use of Qualification)

A person who, for the purpose of uttering, fraudulently uses the qualification of a public official or public office to prepare a document or drawing shall be punished by imprisonment for not more than 10 years.

■ Article 227 (Preparation of False Official Documents, etc.)

When a public official, for the purpose of uttering, falsely prepares or alters a document or drawing in connection with his or her duties, the public official shall be punished by imprisonment for not more than 7 years or by a fine of not more than 20 million won.

■ Article 227-2 (Falsification or Alteration of Public Electronic Records)

A person who, for the purpose of causing errors in the processing of affairs, falsifies or alters the electronic records or other special media records of a public official or public office shall be punished by imprisonment for not more than 10 years.

■ Article 230 (Unlawful Use of Official Documents, etc.)

A person who unlawfully uses a document or drawing of a public official or public office shall be punished by imprisonment or imprisonment without labor for not more than 2 years or by a fine of not more than 5 million won.

The attorney argued that in this case the subsidies had been used entirely as payment for the installation of greenhouses, and that the suspect had received no bribe or solicitation of any kind.

The attorney argued that the suspect had made efforts to ensure that the subsidies were disbursed properly, and that the case had arisen from the personal greed of the subsidy recipients.

The attorney argued that people around the suspect, who knew the suspect's usual attitude and character well, had submitted petitions seeking leniency.

The case above involved a public official who was charged with improperly receiving subsidies in conspiracy with residents.

Through the Chuncheon criminal litigation attorney's assistance, the client was able to conclude the case with a suspension of indictment.

If a public official forges or alters a document and obtains a benefit, the official may be punished by imprisonment for not more than 10 years.

For this reason, in a situation like that of the client in the case above, where one has been charged somewhat unfairly and needs to defend against punishment, the assistance of an experienced attorney can be important.

At Daeryun Law Firm, experienced attorneys who have handled many criminal cases examine the matter closely and assist clients with a sound strategy.

If you need assistance in a situation like the case above, you are welcome to reach out to a Chuncheon criminal litigation attorney at Daeryun Law Firm.