Military Criminal Attorney | First-Instance Imprisonment for Soldier Client, Sentence Reduced by One-Third on Appeal

The client was a person responsible for handling accounting work related to a military unit.

For about a year, the client exploited a flaw in the fund management system to falsify public electronic records as though he were a recipient eligible for a bonus when he was not, and by uttering them caused a loss of the national budget amounting to about 200 million won.

The client was indicted on charges of violation of the Act on Aggravated Punishment of Specific Crimes (national treasury and other losses), falsification of public electronic records, and uttering of falsified public electronic records, and received an imprisonment sentence at the first instance.

The client falsified public electronic records and by uttering them caused a loss of the national budget amounting to about 200 million won.

1. The Offense of National Treasury Loss

The offense of national treasury loss is committed when an accounting official of the State or a local government commits embezzlement or breach of trust knowing that it will cause a loss to the national treasury.

For the offense of national treasury loss to be established, there must be ▲an act in breach of duty and ▲the acquisition of a benefit that causes harm to the national treasury or a local government.

If the loss is 500 million won or more, the penalty is life imprisonment or imprisonment for five years or more, and where the loss is 100 million won or more but less than 500 million won, the penalty is imprisonment for a definite term of three years or more.

2. Falsification of Public Electronic Records / Uttering of Falsified Public Electronic Records

Falsification of public electronic records means the act of falsifying or altering the electronic records of a public official or public office and disrupting the administration of affairs.

Falsification of public electronic records requires ▲the purpose of disrupting the administration of affairs and ▲the falsification or alteration of electronic records or other special media records.

If the charge of falsification of public electronic records is recognized, a person may be punished by imprisonment for not more than 10 years.

Through a thorough consultation with the client, the attorney learned that the client had repaid an amount of approximately 100 million won through a guarantee insurance policy.

The attorney argued that the client had decided to compensate for the loss using insurance proceeds received through a financial guarantee insurance policy, and had paid approximately 100 million won to the military.

The client, who has received an individual rehabilitation decision covering the reimbursement obligation, has been diligently repaying the amount with his own salary.

The attorney argued that the client was making restitution for the loss using all of his assets, and requested leniency.

The attorney learned that the client had an intent to surrender at the time of the incident.

In fact, before the investigation began, the client voluntarily reported the above facts to his immediate superior and expressed his intent to surrender to a military judicial police officer.

However, the military judicial police officer told the client that a written request for appearance would be sent and to come in afterward, and sent him back to his unit.

The attorney argued that, because the client had gone to the investigative authorities and personally confessed his own criminal conduct, this constituted a surrender, and requested leniency.