Occupational Breach of Trust | Case Concluded With Non-Prosecution for a Client Charged With Occupational Breach of Trust and Fraud

Occupational breach of trust means a crime in which a person handling another person's affairs commits an act in violation of that duty, thereby obtaining a pecuniary benefit or causing a third party to obtain it, and causing damage to the principal.

The crime of fraud is a crime of deceiving another and obtaining property or a pecuniary benefit.

If the crime of fraud is recognized, it is punishable under the Criminal Act by imprisonment for not more than 10 years or a fine not exceeding 20 million won.

To rebut the charge of occupational breach of trust, the attorney in charge first argued that the client was not an employee of Company A.

In fact, the client had no direct employment or mandate relationship with Company A whatsoever.

This was because the client was external personnel entrusted with payroll work through a separate contract with the center operated by B.

Submitting the client's contract as evidence, the attorney in charge emphasized that, since the client did not qualify as a person handling the affairs of Company A, the requirement as to the subject of occupational breach of trust was not satisfied.

The attorney in charge set about rebutting the fraud charge related to the omission of commissions.

The attorney emphasized that the client had simply received the settlement table as given and merely processed it routinely.

In fact, sales performance during the relevant period was uncertain due to returns and the like, and the standard for paying commissions itself was variable according to headquarters policy.

The attorney in charge also emphasized that it had not been proven that the client had obtained commissions by deception, and that no circumstances were found indicating that the client had obtained any objective monetary benefit.

If you are implicated in occupational breach of trust or the crime of fraud, various factors such as intent, the contractual relationship, the scope of affairs handled, and the occurrence of damage must be closely examined.

This case is one in which the client was relieved of unjust criminal liability by accurately establishing the actual contractual relationship and the scope of the work.

As in the situation above, if you are implicated in an unjust charge, an early response during the investigation is very important.

This is because mistaken statements, omitted evidence, and an unskilled response can lead to an unfavorable disposition.

At Daeryun LLC, attorneys who have handled numerous criminal cases involving occupational breach of trust and the crime of fraud provide a tailored response strategy for each situation through clear analysis of the facts and the contractual structure.

Operating branch offices in each region nationwide, maintaining an emergency consultation system 365 days a year and 24 hours a day, and providing remote video consultation services, Daeryun LLC welcomes your inquiries at any time.