Legal Intellectual
Daeryun specialist lawyers will answer your questions.
Q
If an accounting fraud issue arises during the preparation of financial statements, will management also be punished?
Views4,098
I work as an executive in charge of finance at a company. Recently, it was pointed out internally that some of our accounting treatments may not conform to the standards, and I heard that they could be challenged during the external audit as well. Even if it is not intentional window-dressing accounting, I am curious whether being judged as accounting fraud could lead to criminal punishment, and how far the scope of liability actually extends.
Accounting fraud
Answer to Related Inquiry
Author: 김국일
Accounting fraud refers to cases where, in violation of accounting standards, false financial statements are prepared and disclosed, or false content is entered in or omitted from an audit report.
Such conduct is subject to strict sanctions under the Act on External Audit of Stock Companies, Etc.
Under Article 39 of the External Audit Act, preparing financial statements in violation of accounting standards or preparing a false audit report is subject to criminal punishment.
Specifically, imprisonment for up to 10 years, or a fine equal to not less than two times and not more than five times the profit gained or the loss avoided through the violation, may be imposed concurrently.
However, where there is no profit gained or loss avoided through the violation, or where its calculation is difficult, or where the amount equal to five times that figure is 1 billion won or less, the upper limit of the fine is capped at 1 billion won.
In particular, a person who qualifies as a 'person who instructs the execution of business' under the Commercial Act may bear liability even if he or she is not formally a director.
If a person substantively directed or decided the accounting treatment, the same legal liability as that of a director is recognized.
Therefore, whether conduct constitutes accounting fraud must be judged by comprehensively considering factors such as intent, the internal instruction structure, and the degree of violation of accounting standards.
It is important to review the legal risks and prepare a response strategy from the early stage through the advice of an attorney specializing in accounting.
Daeryun's Key Strengths

Litigation strategy using Daeryun's own AI & IT technology
More than 240 key members
1,200+ cases handled per month
* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)
more strengths
Book a legal
consultation with an attorney
All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.
Phone consultation
1800-7905
Available 24 hours a day, 365 days a year


Online consultation
We provide tailored
legal services for our clients.

Chat consultation
KakaoTalk channel
Daeryun Law LLC Attorneys
Related Members
View more
InWon KIM
T. 070-7510-1044
Experience as Chief Prosecutor of Seoul Central District Prosecutors’ Office and Chief Prosecutor of Daejeon Hongseong Branch

KyuSeok PARK
T. 070-7510-1044
Prosecutor experience at Seoul Southern District Prosecutors’ Office and Busan District Prosecutors’ Office
Key Case Studies
View moreRelated Practice Areas
View moreConsult in other languages
Popular Columns
View moreFrom the Definition of an Audit to Its Subjects and Purposes: External Auditing from A to Z

Types of Accounting Misconduct, Punishment under the External Audit Act, and Liability for Damages

The Scope of Services of a Tax and Accounting Office and the Criteria for Choosing One

Key Indicators in Accounting Analysis and How to Prepare a Report

Embezzlement Findings in Accounting Audit Reviews: Case Examples and Six Checkpoints

Do you have more questions?













