I am being investigated on charges of receiving money or valuables. Am I subject to punishment?

Hello. This is an attorney specializing in criminal cases at Daeryun Law LLC.

Receiving money or valuables can go beyond mere social entertainment and lead to legal punishment.

Meals or gifts received from business partners, if related to one's duties, may constitute a problem as a violation of the Improper Solicitation and Graft Act (Anti-Graft Act), that is, the receipt of money or valuables.

The Anti-Graft Act sets standards for the receipt of money or valuables by public officials and employees of public institutions, and a recent amendment to its enforcement decree has been pursued in the direction of raising the permissible thresholds for expenses such as meals.

The following is an overview of the main penalties under the Anti-Graft Act.

A violation of the Anti-Graft Act does not stop at the imposition of an administrative fine but can lead to a criminal complaint, and in particular, where the connection is clear or the amount is large, there are cases in which a fine or imprisonment has been imposed.

In addition, even in the case of private companies, repeated entertainment or receipt of money or valuables can be subject to separate criminal liability, such as the offense of taking bribes in breach of trust.

The relevance to one's duties, the nature of the money or valuables, and the timing of provision have an important influence on legal judgment.

Therefore, if you are facing an investigation by an investigative agency, it is important to prioritize organizing the facts and conducting a legal review, and to prepare a response strategy together with an attorney specializing in criminal cases.

A charge of receiving money or valuables is not merely a moral issue but a matter that can lead to criminal punishment.