Acquittal of a member of the National Assembly on a charge of occupational embezzlement becomes final

Jaehoon LeeMatterCriminal MattersAttorney Jaehoon Lee

Overview

While serving as a member of the National Assembly, the client was indicted for occupational embezzlement on allegations that he had disposed of goods donated to a related organization without authority.

Attorney Jaehoon Lee defended the client in the criminal case.

Key Issues

The central issue was whether providing goods donated to the organization to another place amounted to occupational embezzlement.

In particular, the question was whether, in light of the purpose for which the donated goods were provided, how they were actually used, and the organization's operating and decision-making practices, the client could be found to have had an intent of unlawful appropriation.

Our Work

We analyzed how the donated goods were provided and distributed and the record of their actual use, and contested whether the crime of occupational embezzlement was made out, relying on the organization's operating practices and decision-making methods.

In particular, we argued that no intent of unlawful appropriation could be found, emphasizing that the client had not disposed of the donated goods without authority for his own benefit or that of a third party.

Result

Considering how the donated goods were distributed and the purpose for which they were actually used, the court found it difficult to conclude that the client had an intent of unlawful appropriation.

Accordingly, the client was acquitted of the occupational embezzlement charge, and the acquittal became final.

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