
Legal Q&A
Q
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My younger sibling has been reported for occupational breach of trust and is said to have to undergo a police investigation. He says he was reported for occupational breach of trust and is asking me to help cover the cost of retaining an attorney. If someone is reported for occupational breach of trust and undergoes a police investigation, what happens? Does he immediately serve a prison term? If he retains an attorney and receives help with the breach of trust charge, is it possible for him to avoid punishment?
occupational breach of trust
criminal attorney
Answer
Published:
Author : DongIl PARK
When a person who handles the affairs of another causes harm to the mandator through misconduct in the course of handling those affairs, or inflicts a loss on the company, it deals an economic blow to the other party and to the company.
Article 355 of the Criminal Act treats this kind of conduct as one type of offense known as breach of trust and regards it as subject to criminal punishment.
Criminal Act Article 356 (Occupational Embezzlement and Breach of Trust): a person who commits the offense under Article 355 in violation of an occupational duty is punished by imprisonment for not more than 10 years or a fine not exceeding 30 million won.
For breach of trust or occupational breach of trust to be established, there must be intent to cause harm to the business owner or mandator by acting against one's duties for one's own benefit, or an intent to unlawfully obtain a benefit.
If occupational breach of trust has been committed, it is advisable to consult promptly with a criminal attorney.
This is because you must organize all information related to the progress of the case and also prepare to gather evidence to argue that there was no intent and no intent to unlawfully obtain a benefit.
Occupational breach of trust is a serious offense that carries heavy punishment, and in order to avoid punishment, the assistance of an attorney specializing in such matters is important.
For our clients, our firm protects the client's rights during the investigation and provides guidance on the direction of statements so that no disadvantageous statements are made.
In particular, if your younger sibling is currently identified as a suspect in a criminal case and is about to undergo a police investigation, this corresponds to the early stage of the case, and through the assistance of a Cheonan criminal attorney with ample experience in handling such cases, careful defense statements tailored to your sibling's case appear to be necessary.
Only by not missing the crucial early window of the investigation can you properly present a defense and clear up any injustice.

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DongIl PARK
T. 070-5221-3616
Attorney Qualified as a Foreign Legal Consultant in Singapore · International Litigation/School Violence/Evidence Investigation Law Attorney

JungKyu Park
T. 070-7510-2014
Experience as Head of the Chungju Branch of the Cheongju District Court (Criminal Panel) · Construction/Drunk-Driving Traffic/Civil/Medical Law Attorney

YoungHeum KIM
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Experience as a division chief prosecutor [corporate litigation] at the Seoul Western District Prosecutors' Office · Attorney specializing in criminal law, sex crimes, and military criminal law
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