[Corporate Attorney Defense Case] Client Accused of Embezzlement After a Cancelled Corporate Merger Assisted Toward a Non-Prosecution Decision at the Prosecution Stage

The client who requested a consultation from a Daeryun LLC corporate attorney regarding a charge of occupational embezzlement and breach of trust had already suffered a significant loss because of the other party.

The client was promised several hundred million won while pursuing a merger with M Corporation. However, M Corporation did not perform this, and the client, upon learning all the facts, cancelled the merger.

In the meantime, M Corporation, using the client's performance of work at an M Corporation branch as a pretext, proceeded to file a complaint for occupational embezzlement and breach of trust.

Having already suffered losses of several hundred million won because of M Corporation, the client, now drawn into a criminal case as well, urgently needed the assistance of a corporate attorney.

The corporate attorney committed to assisting so that the client could obtain a disposition of no suspicion of crime by arguing that the client had no intent of unlawful appropriation.

Through careful consultation with the client, Daeryun Law Firm formed a corporate attorney team made up of multiple experts with extensive experience in occupational embezzlement and breach of trust cases.

The Daeryun corporate attorney team established that the merger had fallen through because the complainant had not performed the merger conditions, and that the accused had suffered a significant loss as a result.

The team then submitted materials rebutting the complainant's claims and requested that a non-prosecution decision be rendered in this case, on the ground that the accused had caused no harm to the complainant's company.

■ The complainant promised payment of money and other matters while pursuing the merger with the accused, but did not perform this, and the accused suffered a significant loss as a result.

■ The occupational embezzlement and breach of trust alleged by the complainant against the accused was confirmed never to have occurred.

■ It was determined that the accused had thoroughly performed the issuance of tax invoices and similar matters while transacting with the consigning company during employment at the complainant's company.

The prosecution accepted the argument of the Daeryun Law Firm corporate attorney and rendered a non-prosecution decision regarding the suspect. The prosecution explained the reason for non-prosecution as ‘the suspect has no suspicion because the evidence is insufficient.’

The Corporate Legal Affairs Group at Daeryun Law Firm maintains specialized centers by field and forms teams of multiple legal experts, including attorneys and accountants, to handle cases successfully.

For the convenience of corporate clients, in-person consultations are also available, so if you need help, you may contact Daeryun at any time.