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Practices

Corporate embezzlement (trial)

  • Introduction
  • Major Deals and Cases
  • Recent Winning Cases
  • Publocations

Introduction

Our team is composed of attorneys specialized in corporate criminal cases as former chief judges who have many years of trial and litigation experience and achievements. Professional lawyers with a deep understanding of the structure and resolution of criminal cases related to corporate embezzlement, malpractice and M&A, as well as excellent insight and resolution, provide services optimized for criminal trials. In particular, professional attorneys who fully understand the recent criminal proceedings, which have become very difficult and demanding due to the revision of the Criminal Procedure Act in 2008, promise to lead to successful outcomes in complex and difficult cases of clients.

Attomey

Corporate embezzlement team (trial)

Partner

Associate

Practice Areas

  • Cases on embezzlement or dismissal of corporate executives
  • Cases on corporate slush
  • Criminal cases related to M&A (embezzlement, malpractice, fraud, etc.)
  • Representing in a lawsuit against corporate slush funds, embezzlement, misappropriation, M&A, etc.
  • · Obtaining the acquittal decision in the embezzlement case representing the head of company who purchased the products from the supplier on credit and then entered into a contract in which he sold the products to a third party and have it pay the transaction price to the supplier. The court decided that “ownership of the above products belongs to the company, not the head of the company himself. Therefore, he was found not guilty of violating the law (embezzlement) related to the punishment of certain economic crimes on the grounds that he does not fall under the ``person who keeps the property of another person'' (Seoul High Court 2019 No 2407, Seoul Central District Court 2018 Gohap 1034)
  • · Obtaining the decision in favor of the client, the mid-sized construction company, in the embezzlement case regarding creation and use of slush funds by providing the inevitability and justification of the use of such slush funds
  • · Receiving a number of probation judgments for embezzlement and tax evasion such as the creation and use of slush funds worth 3 to 5 billion won by representatives of large domestic subcontractors and mid-sized construction companies.
  • · Obtaining a number of acquittal decisions, for example from the Seoul Central Court and Seoul High Court regarding violations of the law as to the punishment of specific economic crimes related to M&A of listed companies (fraud) (Seoul Central Court 2019 Gohap 545, Seoul High Court 2020 No 148, etc.)
  • · Obtaining the acquittal decision in favor of client based on that even if the company's representative used the price to be paid to the victim company for other purposes, ‘if he did not respond to the request for payment because there was a dispute over the amount to be received from the supplier’, then there is no intention of illegal acquisition of embezzlement so that the crime of embezzlement could not be established. (Suwon High Court 2019 No 338, Suwon District Court 2018 Gohap 317)