1. Case Overviewa. Party Represented by Barun Law
Defendant Mr. A, who was indicted for violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (embezzlement) after transferring approximately KRW 30 billion from accounts in the names of 바카라추천 B and 바카라추천 C to his personal accounts and using the funds for personal purposes.
b. Background of the Case
After tens of billions of won were withdrawn hundreds of times from the accounts of 바카라추천 B and 바카라추천 C to accounts in Mr. A's name, a Suspicious Transaction Report (STR) was filed with the Financial Intelligence Unit (FIU) of the Financial Services Commission on suspicion of money laundering. In the course of a police preliminary investigation into fund tracking and alleged concealment of criminal proceeds, allegations of embezzlement by Mr. A against 바카라추천 B and 바카라추천 C were uncovered. As a result, Mr. A was non-custodially indicted for violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (embezzlement), as charged by the police.
c. Proceedings
The Suwon District Court found all charges against Mr. A proven and sentenced him to two years and six months of imprisonment, suspended for four years.
2. Judgment
Suwon District Court Decision 2025GoHap344, dated October 23, 2025
3. Our Arguments and Role:
During the investigation stage, we emphasized that the client was the founder and de facto representative of 바카라추천 B and 바카라추천 C and had faithfully managed each 바카라추천; that due to repeated deposits and withdrawals, the nominal amount of damage appeared large, but the actual net outflow withdrawn from the companies' accounts was relatively small; that all amounts transferred to the personal account had been properly recorded as temporary advances in the accounting records; that imputed interest had also been duly paid to the companies; and that withdrawals were made only within the limits of the retained earnings of 바카라추천 B and 바카라추천 C. We further provided the investigative authorities with a detailed explanation that Mr. A intended to repay the majority of the actual damages, and that he did in fact faithfully repay the damages accordingly. As a result, although 바카라추천 C was a one-person 바카라추천, 바카라추천 B was not, and despite the embezzled amount reaching several hundred billion won, no arrest warrant was sought against Mr. A, leading to a non-custodial indictment.
At the trial stage, we further substantiated the foregoing arguments and actively engaged in advocacy with a focus on the fact that the defendant required sufficient time to make restitution, thereby persuading the court to grant Mr. A the maximum leniency permitted by law. In particular, by ensuring that the defendant repaid all damages prior to the sentencing, we minimized the likelihood of the prosecutor appealing the first-instance judgment. As the prosecutor ultimately did not appeal, the judgment became final, enabling the defendant to promptly escape an unstable legal status.
4. Significance of the Judgment
Under the Sentencing Guidelines of the Sentencing Commission, embezzlement and breach of trust involving amounts exceeding KRW 5 billion carry a basic sentencing range of four to seven years of imprisonment, and cases involving amounts exceeding KRW 30 billion are punished even more severely, with a range of five to eight years of imprisonment. Nevertheless, in this case, despite the embezzlement amounting to approximately KRW 30 billion, the defendant was not detained, received a suspended sentence at the first-instance trial stage, and the judgment became final immediately thereafter.
Given the recent increase in tax investigations and criminal investigations into embezzlement and breach of trust involving one-person companies and family-owned companies, cases of this nature require effective responses with the assistance of attorneys possessing specialized expertise. This judgment is significant in that 바카라 사이트 provided seamless, non-stop legal services from the initial police investigation through the trial, thereby achieving the best possible outcome for the client.
