CONTENTS
- 1. Client Charged With Occupational Embezzlement and Other Offenses
- - Circumstances of the Case
- 2. Requirements for Establishing Occupational Embezzlement and Related Offenses
- - Level of Punishment
- 3. Assistance Provided to the Client Charged With Occupational Embezzlement and Other Offenses
- - Cooperation at the Investigation Stage and Proof of Remorse
- - Repayment of Loss and Support in the Settlement Process
- 4. Outcome of Assisting a Client Charged with Occupational Embezzlement and Related Offenses: A Suspended Sentence
- - How to Respond to a Criminal Case
1. Client Charged With Occupational Embezzlement and Other Offenses
The client, charged with occupational embezzlement and other offenses, had embezzled several hundred million won and faced a situation in which an actual custodial sentence could have been imposed. However, with the assistance of a criminal law attorney, the client was able to conclude the case with a suspended sentence.
Circumstances of the Case
The client had been arbitrarily terminating and withdrawing customers' deposits from about ten years earlier.
The embezzled funds were used mainly for personal purposes, such as credit card payments and medical expenses.
The embezzlement came to light when a customer visited to withdraw a fixed deposit, and the client was ultimately reported to the police on charges of occupational embezzlement, forgery of a private document, and uttering a forged private document.
Deeply concerned about the seriousness of the case and its potential social and economic repercussions, the client promptly requested assistance from an attorney who had handled many occupational embezzlement cases in order to obtain the most lenient outcome possible.
2. Requirements for Establishing Occupational Embezzlement and Related Offenses
Occupational embezzlement is an offense that is established when a person embezzles another's property held in the course of business, in breach of duty.
Specifically, it applies when a person who holds or manages property in the course of business, while aware that the conduct is unlawful, arbitrarily acquires or uses another's property and thereby causes loss to the owner.
Forgery of a private document refers to the act of forging another person's document or drawing used to prove rights, obligations, or factual relationships, with the intent to use it.
In addition, where a forged private document is actually used, the offense of uttering a forged private document is established.
The Supreme Court has ruled as follows regarding the private document that is the object of the offenses of forgery and uttering of a private document.
Level of Punishment
If occupational embezzlement is established, it is punishable under Article 356 of the Criminal Act.
▶ Occupational Embezzlement
Article 356 of the Criminal Act | Imprisonment for not more than 10 years or a fine not exceeding 30 million won |
In this case, if the gain obtained through the offense exceeds a certain amount, the Act on Aggravated Punishment of Specific Economic Crimes may apply and the sentence may be aggravated.
▶ Article 3 of the Act on Aggravated Punishment of Specific Economic Crimes (Aggravated Punishment of Specific Property Crimes)
Where the gain is 500 million won or more but less than 5 billion won | Imprisonment for a definite term of not less than 3 years |
Where the gain is 5 billion won or more | Life imprisonment or imprisonment for not less than 5 years |
The penalties for forgery of a private document and uttering of a forged private document are as follows.
▶ Forgery of a Private Document
| Article 231 of the Criminal Act | Imprisonment for not more than 5 years or a fine not exceeding 10 million won |
In addition, under Article 234 of the Criminal Act, a person who utters a forged private document is subject to the same penalty as for the relevant offense of forgery.
3. Assistance Provided to the Client Charged With Occupational Embezzlement and Other Offenses
The following arguments were made so that the client, who was implicated in numerous cases including occupational embezzlement, could receive a suspended sentence in this case.
Cooperation at the Investigation Stage and Proof of Remorse
The client admitted to all of the offenses and actively cooperated during the investigation by the investigative authorities.
The criminal law attorney directly guided the client through the process of drafting a letter of apology that could express sincere remorse, so that this cooperative attitude could be effectively conveyed to the court, and carefully reviewed the submitted materials so that they could be reflected positively in sentencing.
Repayment of Loss and Support in the Settlement Process
The client repaid the full amount of the loss to the victim, offered a sincere apology, and reached an amicable settlement.
The criminal law attorney closely coordinated the manner of contact with the victim and the overall settlement procedure, and advised the client so that genuine sincerity could be fully conveyed.
In addition, the attorney secured legal effect in drafting the settlement agreement and presented a persuasive strategy to obtain the victim's understanding, thereby providing practical support so that the settlement could actually be reached.
4. Outcome of Assisting a Client Charged with Occupational Embezzlement and Related Offenses: A Suspended Sentence
After assisting a client charged with occupational embezzlement and related offenses, the court rendered a suspended sentence.
Through the systematic assistance of a criminal law attorney, the demonstration of the client's remorse, and a strategy that included supporting compensation for the harm and a settlement, the client was able to avoid an actual custodial sentence, and the case was ultimately concluded with a suspended sentence.
How to Respond to a Criminal Case
As with the client in the case above, when a person is involved in multiple criminal cases, there is a risk of receiving an actual custodial sentence, so it is important to prepare a strategy that can lead to leniency.
Daeryun Law Firm provides systematic assistance from the early stage of a case through the entire investigation and trial process, including verifying the facts, gathering evidence, preparing sentencing materials, and reaching a settlement with the victim.
If you are facing difficulties in a situation such as the one described above, you may request assistance at any time through Daeryun Law Firm's 🔗Legal Consultation Appointment.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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