[Embezzlement Punishment] Client Facing the Risk of an Actual Sentence for Embezzlement Receives a Suspended Sentence With Counsel's Assistance

Several years earlier, the client had lost a younger sibling. At the time, the sibling was divorced, and had no contact at all with the former spouse or the biological children.

The sibling, who suffered from severe depression, regularly gave account information to the client and the other siblings and asked them to handle the matters that would be necessary when the sibling passed away.

Sadly, the sibling later passed away, and the client, relying on the information the sibling had given, withdrew money from the account and then held the funeral.

The client also settled the debts that the sibling had left.

A few years later, however, the sibling's former spouse raised the issue, claiming that the client had embezzled the sibling's money.

The client ultimately stood trial as a defendant, and the first-instance court found that the client had withdrawn the money with the intent of unlawful appropriation and imposed six months' imprisonment.

Criminal Act Article 355 (Embezzlement, Breach of Trust)
(1) A person who, having custody of another's property, embezzles it or refuses to return it shall be punished by imprisonment for not more than five years or a fine not exceeding 15 million won.
(2) The preceding paragraph shall also apply to a person who, in handling another's affairs, obtains a pecuniary advantage or causes a third party to obtain it through an act in breach of duty, thereby causing loss to the principal.

According to the client's account, the sibling, while still living, had first provided the siblings with various information, including the account number and the bankbook password held in the sibling's own name.

Accordingly, the client and the other siblings held the sibling's funeral using the money the sibling had left, and repaid the sibling's existing debts.

The sibling's former spouse, by contrast, showed no particular reaction even to the news of the sibling's death and did not participate in the funeral proceedings either.

The client and the other siblings considered how to inform the sibling's child of these facts.

At the time, the sibling's child was a minor, and because contact with the sibling had been cut off for several years, the client was left in deep deliberation.

After discussion, the client and the other siblings decided not to place the sibling's funeral costs and debts on the young daughter, and they quietly carried out all funeral proceedings, including the death report.

The attorney at Daeryun Law Firm, who received the inquiry about embezzlement punishment, emphasized, on this basis, that the client had no intent of unlawful appropriation at all.

For the client to obtain a reduced sentence on appeal, a settlement with the victim was also needed.

This was because the victim's wish that the client not be punished can have a considerable effect on the court's sentencing determination.

Counsel persuaded the client. As a result, the client was able to reach an amicable settlement with the victim during the course of the appellate proceedings.

There are not a few cases in which a person commits an act of embezzlement without awareness of wrongdoing and comes under investigation unknowingly.

Because the act was done without any particular intent, or without knowing that it would constitute an offense, suddenly receiving an investigation notice can be very bewildering.

In particular, embezzlement is regarded as a serious offense in society as well, and severe penalties are often imposed.

This is why the assistance of an experienced defense team may be needed.

At Daeryun Law Firm, attorneys with extensive experience assist clients.

If you are concerned about involvement in a crime of embezzlement, you may visit Daeryun Law Firm at an early date.