A Case of Defense Against Occupational Embezzlement | Client Facing Numerous Charges Including Occupational Embezzlement Receives a Suspended Sentence

The client had been arbitrarily terminating and withdrawing customers' deposits from about ten years earlier.

The embezzled funds were used mainly for personal purposes, such as credit card payments and medical expenses.

The embezzlement came to light when a customer visited to withdraw a fixed deposit, and the client was ultimately reported to the police on charges of occupational embezzlement, forgery of a private document, and uttering a forged private document.

Deeply concerned about the seriousness of the case and its potential social and economic repercussions, the client promptly requested assistance from an attorney who had handled many occupational embezzlement cases in order to obtain the most lenient outcome possible.

If occupational embezzlement is established, it is punishable under Article 356 of the Criminal Act.

▶ Occupational Embezzlement

In this case, if the gain obtained through the offense exceeds a certain amount, the Act on Aggravated Punishment of Specific Economic Crimes may apply and the sentence may be aggravated.

▶ Article 3 of the Act on Aggravated Punishment of Specific Economic Crimes (Aggravated Punishment of Specific Property Crimes)

The penalties for forgery of a private document and uttering of a forged private document are as follows.

▶ Forgery of a Private Document

In addition, under Article 234 of the Criminal Act, a person who utters a forged private document is subject to the same penalty as for the relevant offense of forgery.

The client admitted to all of the offenses and actively cooperated during the investigation by the investigative authorities.

The criminal law attorney directly guided the client through the process of drafting a letter of apology that could express sincere remorse, so that this cooperative attitude could be effectively conveyed to the court, and carefully reviewed the submitted materials so that they could be reflected positively in sentencing.

The client repaid the full amount of the loss to the victim, offered a sincere apology, and reached an amicable settlement.

The criminal law attorney closely coordinated the manner of contact with the victim and the overall settlement procedure, and advised the client so that genuine sincerity could be fully conveyed.

In addition, the attorney secured legal effect in drafting the settlement agreement and presented a persuasive strategy to obtain the victim's understanding, thereby providing practical support so that the settlement could actually be reached.

As with the client in the case above, when a person is involved in multiple criminal cases, there is a risk of receiving an actual custodial sentence, so it is important to prepare a strategy that can lead to leniency.

Daeryun Law Firm provides systematic assistance from the early stage of a case through the entire investigation and trial process, including verifying the facts, gathering evidence, preparing sentencing materials, and reaching a settlement with the victim.

If you are facing difficulties in a situation such as the one described above, you may request assistance at any time through Daeryun Law Firm's 🔗Legal Consultation Appointment.