Seoul Criminal Attorney's Assistance | Assisting a Client Accused of Embezzlement to Obtain Non-Prosecution

The client explained that he had been asked by an elder relative to look after a luxury car that had been leased on a long-term basis, and that he had also taken over the monthly installment payments.

However, not long afterward, the client's financial situation worsened, and because the high installment payments became burdensome, he passed the rental car along with the installment payments to a close acquaintance.

After that, the client had forgotten about the car, but one day he learned that the rental car company had accused him of embezzlement, claiming that the car had not been returned even though the rental period had ended.

Upon inquiry, it turned out that the person to whom the client had handed over the car had died in the meantime, and the car could not be located.

Feeling that this was unjust, the client sought out the Seoul criminal attorney to defend against punishment for embezzlement.

The client did not intentionally fail to return the vehicle, and he was entirely unaware that the rental car company that suffered harm would be harmed.

For embezzlement to be established, it must also be proven that the person committed embezzlement for personal benefit despite anticipating harm to the victim.

The Seoul criminal attorney emphasized that the client did not commit embezzlement intentionally but was unavoidably unable to return the vehicle, and argued that embezzlement was not constituted.

The client gained no benefit whatsoever from failing to return the vehicle in question.

On the contrary, when the client handed the vehicle to another person, materials remained, such as messages in which he repeatedly urged payment of the installments and took care to ensure that the rental car company would suffer no harm.

The Seoul criminal attorney emphasized that because the client obtained no benefit at all, embezzlement was difficult to establish.