1. 바카라추천 OverviewWe represented a limited liability company involved in a management control dispute and handled a criminal complaint against an inside director who forged contracts by unlawfully using the company's name and caused financial damage to the company.
The inside director in question was the spouse of the company's registered representative director and held a substantial shareholding in the client company. In order to unilaterally seize control of the company's management, the inside director excluded the spouse who was the de facto representative director and forged contracts in the company's name containing terms favorable to himself. Prior to retaining Barun Law, the client company had already engaged another major law firm and filed a criminal complaint for private document forgery and use of forged private documents. However, the police broadly accepted the accused's defense that he was the "de facto representative director" of the client company and rendered a decision not to forward the 바카라추천 (no suspicion).
Thereafter, the client company appointed us, which possess deep expertise in prosecutorial investigation practice, as counsel for the complainant and newly responded through the objection procedure.
2. Our Arguments and RoleThrough the previously engaged law firm, the client company had already submitted only a formal and cursory objection to the prosecution. Given that, once one month has elapsed after an objection 바카라추천 is forwarded, it becomes, in principle, impossible for the prosecution to issue a decision requesting supplementary investigation by the police, the situation required immediate action and supplementation of materials. Accordingly, we promptly and meticulously reviewed all materials submitted to date, supplemented the evidentiary record, and conducted advocacy urging the prosecution to issue a request for supplementary investigation, thereby successfully obtaining such a decision.
Furthermore, we identified the core issues of the 바카라추천 as: (a) the accused was not the de facto representative director of the client company, and (b) the accused had never been delegated authority by the actual representative director of the client company. Based on this framework, we conducted systematic and persuasive advocacy on multiple occasions before both the police and the prosecution, as follows:
(i) By fully presenting contracts executed by the registered representative director of the client company, KakaoTalk messages with employees, and other evidence of actual business operations, and by securing and submitting written confirmations of facts from employees, we rebutted the accused's assertion that he was the "de facto representative director:
(ii) With respect to statements made by reference witnesses whom the accused was expected to have influenced, we revealed circumstances undermining their credibility, such as employment relationships between those witnesses and the accused, and submitted objective evidence, including KakaoTalk messages capable of overturning their statements, thereby reinforcing the credibility of the complaint; and
(iii) We further pursued an additional criminal complaint on the grounds that the accused's conduct not only constituted private document forgery, but also amounted to a breach of fiduciary duty in violation of the Commercial Act's prohibitions on self-dealing by directors and rules governing the execution of duties, thereby constituting the offense of occupational breach of trust against the client company.
3. Outcome and Significance of the 바카라추천The police accepted all of our legal arguments and evidence, overturned the prior decision not to forward the 바카라추천, and transferred the entire matter to the prosecution.
We did not stop at achieving the transfer but, through consistent and persistent advocacy at the prosecutorial investigation stage, emphasizing the seriousness of the accused's criminal conduct, successfully led to a formal indictment (for trial).
Due to the unique background of a family dispute over corporate management control, this 바카라추천 carried a high risk that investigative authorities might view it merely as an "internal matter" rather than focusing on the illegality of the conduct. Nevertheless, we submitted more than 20 written briefs in total and conducted multiple rounds of oral advocacy to specifically demonstrate that the accused's actions constituted "forgery of documents without consent" and "breach of trust." As a result, the non-forwarding decision was reversed, the accused was referred for formal trial, and the client company's management control and legal rights were substantively protected. This 바카라추천 stands as a representative example of a successful criminal complaint.
□ Attorneys in charge: Kim Young-oh, Kang Tae-hun, Kim Dae-hee, Kang Da-rong, Kim Yong-hwan