Deals & Cases

Loss to the National Treasury, etc.
Loss to the National Treasury, etc.Reduced Sentence on Appeal

Military Criminal Attorney | First-Instance Imprisonment for Soldier Client, Sentence Reduced by One-Third on Appeal

The client who requested assistance from the military criminal attorney had received an imprisonment sentence at the first instance for conduct that caused a loss to the national budget.

With Daeryun's assistance, the client succeeded in obtaining a one-third reduction of the imprisonment sentence on appeal.

1. The Client Who Requested an Appeal From the Military Criminal Attorney

Military Criminal Attorney

This is the account of the client who requested assistance from the military criminal attorney.

The client had received a first-instance imprisonment sentence of three years and six months on a charge of causing a loss of the national budget amounting to 200 million won.

The client decided to pursue an appeal to reduce the term of imprisonment and requested assistance from Daeryun Law Firm, which has military criminal attorneys.

The Client's Case as Reviewed by the Military Criminal Attorney

The client was a person responsible for handling accounting work related to a military unit.

For about a year, the client exploited a flaw in the fund management system to falsify public electronic records as though he were a recipient eligible for a bonus when he was not, and by uttering them caused a loss of the national budget amounting to about 200 million won.

The client was indicted on charges of violation of the Act on Aggravated Punishment of Specific Crimes (national treasury and other losses), falsification of public electronic records, and uttering of falsified public electronic records, and received an imprisonment sentence at the first instance.

The Severity of Punishment in the Client's Case Explained by the Military Criminal Attorney

The client falsified public electronic records and by uttering them caused a loss of the national budget amounting to about 200 million won.

1. The Offense of National Treasury Loss

The offense of national treasury loss is committed when an accounting official of the State or a local government commits embezzlement or breach of trust knowing that it will cause a loss to the national treasury.

For the offense of national treasury loss to be established, there must be ▲an act in breach of duty and ▲the acquisition of a benefit that causes harm to the national treasury or a local government.

If the loss is 500 million won or more, the penalty is life imprisonment or imprisonment for five years or more, and where the loss is 100 million won or more but less than 500 million won, the penalty is imprisonment for a definite term of three years or more.


2. Falsification of Public Electronic Records / Uttering of Falsified Public Electronic Records

Falsification of public electronic records means the act of falsifying or altering the electronic records of a public official or public office and disrupting the administration of affairs.

Falsification of public electronic records requires ▲the purpose of disrupting the administration of affairs and ▲the falsification or alteration of electronic records or other special media records.

If the charge of falsification of public electronic records is recognized, a person may be punished by imprisonment for not more than 10 years.

2. The Military Criminal Attorney's Assistance for the Client's Appeal

The military criminal attorney undertook appeal assistance for mitigation.

Daeryun Law Firm re-examines the litigation conducted by other law offices and provides workable remedies.

The Daeryun military criminal attorney devised an appeal strategy based on new sentencing factors that the client had not argued at the first instance.

Appeal Strategy 1. Argument That Approximately 100 Million Won Was Repaid to the State

Through a thorough consultation with the client, the attorney learned that the client had repaid an amount of approximately 100 million won through a guarantee insurance policy.

The attorney argued that the client had decided to compensate for the loss using insurance proceeds received through a financial guarantee insurance policy, and had paid approximately 100 million won to the military.

The client, who has received an individual rehabilitation decision covering the reimbursement obligation, has been diligently repaying the amount with his own salary.

The attorney argued that the client was making restitution for the loss using all of his assets, and requested leniency.

Appeal Strategy 2. Argument Regarding the Client's Intent to Surrender

The attorney learned that the client had an intent to surrender at the time of the incident.

In fact, before the investigation began, the client voluntarily reported the above facts to his immediate superior and expressed his intent to surrender to a military judicial police officer.

However, the military judicial police officer told the client that a written request for appearance would be sent and to come in afterward, and sent him back to his unit.

The attorney argued that, because the client had gone to the investigative authorities and personally confessed his own criminal conduct, this constituted a surrender, and requested leniency.

Supreme Court, March 20, 1997, 96Do1167
Regardless of whether the offense has been discovered or the person has been placed on a wanted list, surrender before arrest qualifies as a surrender under the Criminal Act.
Supreme Court, September 9, 1994, 94Do619
Even where a person telephones to request an investigation after the alleged facts begin to be reported in the media, this qualifies as a surrender.


3. Military Criminal Attorney Achieves a Reduction From 3 Years and 6 Months to 1 Year and 6 Months

With the assistance of the attorney, the client, who had received a sentence of 3 years and 6 months of imprisonment at the first instance, received a decision of 1 year and 6 months on appeal and succeeded in obtaining a reduction of sentence.

Although the client had received a severe punishment for a loss to the state budget amounting to hundreds of millions of won, the court took into account the new sentencing factors presented by Daeryun's attorney and issued the decision described above.

For this reason, responding with the assistance of an attorney experienced in military criminal matters can be helpful.

At Daeryun Law Firm, a 🔗military attorney is involved from the consultation stage onward and provides a tailored response strategy for a prompt resolution of the case.

In addition, the Seoul main office oversees cases to maintain the quality of representation for cases across all regions, so a prompt consultation within the jurisdictional area is possible without travel to another region.

If you are looking for a 🔗military attorney recommendation in a situation such as the above, please reach out to Daeryun Law Firm.

군형사변호사 | 1심 징역형 군인 의뢰인, 항소심 도와 1/3 감형

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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Attorney Young Hyoung KIM

Young Hyoung KIM

T. 070-7510-2014

Director of Legal Affairs, 5th Air Mobility Wing, Air Force, Military Prosecutor, 5th Air Mobility Wing, Air Force

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