Defending the CEO of a company tied to a religious organization against aggravated embezzlement charges

The client, while serving as CEO of a company closely tied to a religious organization, was indicted for embezzlement under the Act on the Aggravated Punishment of Specific Economic Crimes on the allegation that he used company funds for personal purposes. Attorney Jaehoon Lee represented the client.

The key issue was whether intent to embezzle and intent to unlawfully appropriate could be found, given the unusual operating structure of a company tied to a religious organization, the purposes for which the funds were used, and the debts owed between the company and its CEO.

Attorney Lee analyzed the relationship between the company and the religious organization, how the company was established and operated, and the purposes for which the funds were used. He also reviewed the financial transaction records and accounting books to establish how the CEO had provided funding and been repaid for advances he made to the company, and contested whether embezzlement was established based on the statements of the relevant witnesses and objective records.

Drawing on how the client's funds transactions came about and the company's unusual operating structure, we presented a defense on whether embezzlement was established and on sentencing.