Tongyeong Attorney Consultation Case | A Client Who Requested a Tongyeong Attorney Consultation Obtains Reversal of the Original Imprisonment Judgment for Occupational Breach of Trust and Other Charges

Occupational breach of trust refers to conduct in which a person who handles the affairs of another, through an act in violation of his or her duties, obtains a pecuniary benefit or causes a third party to obtain one, thereby inflicting loss.

Under the Criminal Act, occupational breach of trust may be punished by imprisonment for not more than ten years or a fine not exceeding thirty million won. Aggravated punishment is also possible depending on the amount of the pecuniary benefit obtained through the breach of trust.

The crime of preparation of a false official document refers to a case in which a public official, for the purpose of uttering it, falsely prepares or alters a document or drawing relating to his or her duties, and it may be punished by imprisonment for not more than seven years or a fine not exceeding twenty million won.

The crime of fraud refers to a crime of receiving property or obtaining a pecuniary benefit by deceiving another. Fraud may be punished by imprisonment for not more than ten years or a fine not exceeding twenty million won.

Through the Tongyeong attorney consultation, Daeryun argued that the client had not committed the offense intentionally.

The client, who was serving at a unit near Tongyeong, frequently had to procure supplies and equipment from a distant town.

When attempting to carry out such procedures through formal official document processing, there were many cases in which the work could not be done in line with the budget allocated by the military for the period when it was needed.

Because of that geographical environment, from the standpoint of the staff member in charge of the work, the payment dates with the private companies supplying the goods had to be aligned well in order to handle the work in a timely manner.

Carrying out the matter through the official procedure was somewhat complicated, and because the payment dates desired by the companies could not be met, the advance payments that had been made became the problem.

Through the Tongyeong attorney consultation, Daeryun emphasized that the client had not committed the offense intentionally in order to obtain personal gain.

Through the Tongyeong attorney consultation, Daeryun argued that the client had been a soldier who devoted himself to the nation and served faithfully for more than ten years.

The client took great pride in his role and continued his military life, voluntarily working overtime almost every day.

In addition, he was a true soldier who devoted himself to the nation, including by voluntarily volunteering to serve at one of the remote outposts.

Through the Tongyeong attorney consultation, Daeryun emphasized that it was unjust for the client, who had devoted himself to the nation over a long period, to receive an excessively heavy punishment for a single momentary mistake.