CONTENTS
- 1. Client Who Sought Assistance from the Public Official Attorney
- - What Is Wrongful Conduct After Accepting a Bribe?
- 2. Public Official Attorney: Appellate Assistance for Sentence Reduction
- - Defense of the Public Official Client 1. Circumstances and Background of the Offense
- - Defense of the Public Official Client 2. Argument on Recovery of the Loss
- - Defense of the Public Official Client 3. Argument on the Attitude of Remorse
- - Defense of the Public Official Client 4. Argument on the Family's Livelihood
- 3. Result of the Public Official Attorney's Assistance: Suspended Sentence on Appeal
1. Client Who Sought Assistance from the Public Official Attorney
This is the account of a client who requested help from a public officials attorney.
While working as a tax official, the client was brought to trial on charges of receiving several tens of millions of won in cash from a taxpayer along with a solicitation to "reduce the taxes."
The client was charged with receiving money and valuables in return for unfairly reducing the tax amount by recognizing the taxpayer's tax base as lower than the actual amount.
The prosecution indicted the client for the crime of wrongful conduct after accepting a bribe, on the basis that the client had provided an unfair benefit using a public official's duties and subsequently received compensation for it, and sought a heavy sentence; the first-instance court likewise imposed a sentence of imprisonment.
Accordingly, the client decided to prepare for the appellate trial through a specialist attorney with extensive experience in public official criminal cases, and requested help from Daeryun LLC.
What Is Wrongful Conduct After Accepting a Bribe?
The crime of wrongful conduct after accepting a bribe punishes a case in which a public official, having received an improper solicitation in connection with their duties and having granted that solicitation, subsequently receives money or property as consideration for it.
It is a crime structured around receiving compensation after improperly handling duties in response to a solicitation, and it has the characteristic of being severely punished on the ground that it greatly harms the fairness of public officials' duties and the trust of society in general.
-Where a public official or an arbitrator receives, demands, or promises a bribe in connection with their duties, they shall be punished by imprisonment with labor for up to 5 years or by suspension of qualifications for up to 10 years.
-Where a person who is to become a public official or an arbitrator receives, demands, or promises a bribe in connection with the duties they are to assume, after receiving a solicitation, and then becomes a public official or an arbitrator, they shall be punished by imprisonment with labor for up to 3 years or by suspension of qualifications for up to 7 years.
-Where a public official or an arbitrator commits a wrongful act, such as receiving, demanding, or promising a bribe after receiving a solicitation, they shall be punished by imprisonment with labor for a definite term of not less than 1 year.
-The same punishment as in the preceding paragraph applies where a public official or an arbitrator, after performing a wrongful act in connection with their duties, receives, demands, or promises a bribe, or causes it to be given to a third party, or demands or promises such giving.
-Where a person who was a public official or an arbitrator, having received a solicitation during their term of office and performed a wrongful act in connection with their duties, receives, demands, or promises a bribe, they shall be punished by imprisonment with labor for up to 5 years or by suspension of qualifications for up to 10 years.
-In the cases of the preceding three paragraphs, suspension of qualifications for up to 10 years may be imposed concurrently.
2. Public Official Attorney: Appellate Assistance for Sentence Reduction
The public official attorney set out to provide appellate assistance for a reduction of sentence.
A specialist attorney with extensive experience in public official criminal cases formed a TF team and closely examined the facts of the client's case and the judgment of the first instance to devise an appellate strategy.
Defense of the Public Official Client 1. Circumstances and Background of the Offense
The public official attorney specifically explained that the client did not actively demand money or goods or pursue personal gain, but rather came to accept them out of a sense of burden from the taxpayer’s continued requests and pressure.
The attorney also asserted, and requested consideration of the fact, that the client truthfully confessed that, despite recognizing the illegality as a public servant, he had made an unjust disposition on a one-time basis.
Defense of the Public Official Client 2. Argument on Recovery of the Loss
The deficiency in tax amount that arose due to the tax base unfairly reduced by the client was all fully recovered, and the client also returned the full amount of the money and valuables received.
The public official attorney emphasized that the harm had been recovered and requested leniency.
Defense of the Public Official Client 3. Argument on the Attitude of Remorse
The public officials attorney sufficiently submitted, through several handwritten letters of reflection and written pleas from family and colleagues, the point that the client felt the responsibility of a public servant heavily and was deeply reflecting.
In addition, after the pronouncement of the original judgment, the client received a dismissal disposition and lost the public official position to which the client had devoted a lifetime.
That dismissal disposition gave the client a time to once again deeply repent of their fault.
The public officials attorney requested leniency, emphasizing that the client had spent a time of reflection deeply examining their wrongdoing once again through the dismissal disposition.
Defense of the Public Official Client 4. Argument on the Family's Livelihood
The public official attorney argued that the client has a young son in his care and, as the sole earner, has been responsible for the livelihood of the entire household, including his elderly and ill mother.
The client is now in a difficult situation, uncertain how to support his family going forward, having left the public service because of this case.
The client's family is in a situation in which they essentially cannot maintain their livelihood without the client, and as the client was detained in court upon the pronouncement of the first-instance judgment, the entire family is experiencing great difficulty in maintaining their livelihood.
The public official attorney requested leniency, emphasizing that the defendant, who has worked diligently in public service for a lifetime, is bitterly remorseful after going through detention, and the circumstances facing the client's family.
3. Result of the Public Official Attorney's Assistance: Suspended Sentence on Appeal
As a result of the public official attorney's assistance, the client was able to have the first-instance imprisonment sentence reversed and to receive a suspended sentence.
The appellate court comprehensively considered the Daeryun attorney's arguments and sentencing materials, and acknowledged that the client accepted an improper solicitation in connection with his duties and received money and goods, while finding it necessary to take into account the circumstances leading to the offense, the recovery of the damage, and the degree of remorse.
The crime of wrongful conduct after accepting a bribe is a crime that harms the integrity of public officials and public trust, and tends to be assessed as more serious in nature than ordinary bribery.
In particular, where a person serves in duties that directly deal with citizens' financial rights, such as a tax official, courts are more likely to impose strict liability, so the matter must be handled with greater care.
Daeryun Law Firm has specialist attorneys with experience in numerous public official-related cases who form a task force and provide one-stop responses, including ▲ explanation of the complex scope of duties and causal relationships ▲ strategic presentation of sentencing materials ▲ know-how in responding to criminal procedures.
If you need the help of a public official specialist attorney in a situation such as the above, please visit the nearest Daeryun Law Firm branch office.
Daeryun has built a dense support network through branch offices throughout the country so that anyone in need can promptly receive legal protection, and it operates a system that allows for urgent consultation at any time, 365 days a year, 24 hours a day.
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.
