CONTENTS
- 1. The Client Who Sought an Embezzlement Attorney
- - Circumstances of the Client Charged with Occupational Embezzlement and Breach of Trust
- - What Are Occupational Embezzlement and Breach of Trust?
- 2. An Embezzlement Attorney's Strategy to Respond to the Client's Complaint
- - Rebutting the Occupational Embezzlement Charge: Arguing the Absence of Circumstances
- - Rebutting the Occupational Breach of Trust Charge: Arguing That It Was an Internal Marketing Strategy
- 3. Result of the Embezzlement Attorney's Assistance, Successful Conclusion with a Non-Indictment
1. The Client Who Sought an Embezzlement Attorney
This is the account of the client who requested assistance from the embezzlement attorney.
The client had recently been charged by the company where the client works with occupational embezzlement and occupational breach of trust.
Caught off guard by the sudden complaint, the client decided to obtain the assistance of an attorney.
Because of a heavy workload, the client gave priority to finding a law firm where consultation and communication could take place at a convenient time.
The client chose Daeryun Law Firm, where consultation is available at the desired time under a consultation system operating 24 hours a day, 365 days a year.
Circumstances of the Client Charged with Occupational Embezzlement and Breach of Trust
We closely examined the circumstances of the client who had been charged with occupational embezzlement and breach of trust.
The client had worked in the insurance industry for more than 10 years and served as a middle manager in charge of sales management and customer contract management at an insurance company.
Then one day, the client was criminally charged by the company with 🔗embezzlement and breach of trust.
The company stated as its reason for the complaint that the client had personally misused company property and had caused loss to the company in connection with a particular contract.
What Are Occupational Embezzlement and Breach of Trust?
Embezzlement refers to the crime in which a person who keeps another's property embezzles that property or refuses to return it.
•A person who, while keeping another's property, embezzles that property or refuses to return it (Article 355(1) of the Criminal Act): imprisonment for not more than 5 years or a fine not exceeding 15 million won
•A person who, while handling another's affairs, obtains a pecuniary benefit or causes a third party to obtain it through an act in breach of his or her duty, causing loss to the principal (Article 355(2) of the Criminal Act): imprisonment for not more than 5 years or a fine not exceeding 15 million won
•A person who commits an offense under Article 355 in breach 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
Breach of trust refers to an act in which a person handling another's affairs obtains a pecuniary benefit or causes a third party to obtain it through an act in breach of his or her duty, causing loss.
Occupational breach of trust may be punished under the Criminal Act by imprisonment for not more than 10 years or a fine not exceeding 30 million won. Aggravated punishment is also possible depending on the amount of the pecuniary benefit obtained through the breach of trust.
Sentencing Factors for Embezzlement and Breach of Trust |
| ▲ If the risk of loss has not been substantially realized ▲ If the degree of the breach of duty is minor ▲ If most of the criminal proceeds were neither spent nor retained ▲ Genuine remorse ▲ No record of criminal punishment |
2. An Embezzlement Attorney's Strategy to Respond to the Client's Complaint
The embezzlement attorney assisted the client and established a strategy to respond to the complaint.
The embezzlement attorney identified the gist of the company's allegations and set out to gather evidence to rebut them.
Gist of the Complaint
1. Occupational embezzlement charge:
2. Occupational breach of trust charge: |
Rebutting the Occupational Embezzlement Charge: Arguing the Absence of Circumstances
The embezzlement attorney set out to rebut the charge of misuse of insurance proceeds alleged by the company.
The attorney argued that the insurance proceeds paid to the customer had been paid exactly as recorded in the electronic records, and that there were no circumstances indicating that the money had been deposited into the client's account.
The attorney also emphasized that the payment of incentives followed the company's internal guidelines and procedures and could not be arbitrarily manipulated by the client.
Rebutting the Occupational Breach of Trust Charge: Arguing That It Was an Internal Marketing Strategy
The attorney set out to rebut the company's claim that the client had caused loss to the company by providing preferential treatment to a particular customer.
At the client's company, adjustments to discount rates or benefits can be made to a certain degree within the scope set by internal regulations.
The client also made the adjustment within the scope permitted by internal regulations and did not arbitrarily grant preferential treatment.
The attorney emphasized that the preferential treatment alleged by the company was merely part of an internal marketing strategy intended to proceed with customer-tailored planning, and that treating it as breach of trust was unjustified.
3. Result of the Embezzlement Attorney's Assistance, Successful Conclusion with a Non-Indictment
As a result of the embezzlement attorney's assistance, the client received a non-indictment disposition for lack of suspicion and successfully concluded the case.
Because embezzlement and breach of trust involve complex elements and legal principles under the Criminal Act, it is recommended to respond with the assistance of an attorney who has experience and legal knowledge in such cases.
In particular, the response should involve a clear understanding of the facts together with an examination of whether the crime is established.
Daeryun Law Firm has an attorney working alongside the client from the initial consultation and provides a one-stop legal service across all legal procedures, including the investigation, trial defense, settlement, and mediation.
At Daeryun Law Firm, where an attorney dedicated to the client provides a one-team response, please obtain a 🔗attorney referral.
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.
