Case Overview
A. Client represented by Barun Law
A former executive-level employee of a domestic financial company who was accused of occupational breach of trust
B. Background
The client was a veteran executive who had held key positions, including in lending, for approximately 30 years at the financial institution. However, after retirement, the client was accused in connection with bonuses received during employment and corporate card usage (amounting to approximately KRW 200 million). Compounding the situation, a provisional attachment order was issued against the client’s real property, placing the client in a severe economic and reputational crisis.
C. Course of Investigation Response and Outcome
We, well-versed in investigative practice, promptly established a “two-track strategy” consisting of response to police investigation and objection proceedings against the provisional attachment. As a result, we secured a court decision canceling KRW 160 million (approximately 80% of the claimed amount) of the provisional attachment, and also obtained a police decision of non-referral (no charges) for a substantial portion of the alleged amount, thereby protecting the client’s reputation and property rights.
Our Arguments and Role
“Overcoming the evidentiary limitations faced by a retired executive through reconstruction of evidence and precise rebuttal of breach of trust legal elements”
We advanced the following in-depth arguments to establish the legality of the bonus payments and the business necessity of the corporate card usage:
Demonstrating the legitimacy of payment procedures: Through a meticulous and comprehensive analysis of extensive documentation, we established through objective indicators that the bonuses were granted in accordance with the financial institution’s lawful internal decision-making processes, including CEO approval and board resolutions.
Proving business relevance through digital evidence: Despite difficulties in obtaining internal materials after retirement, we conducted a comparative analysis of the client’s KakaoTalk messages and movement patterns at the time of card transactions, thereby establishing that the corporate card expenditures were genuine business-related expenses.
Rebutting intent of unlawful gain and elements of the offense: We logically demonstrated, by reference to recent case law, that there was no intent to benefit oneself or a third party, an essential element of occupational breach of trust, thereby dispelling confirmation bias on the part of the investigative authorities.
Strategic objection to provisional attachment: By proactively presenting the results of the criminal investigation to the civil court and forcefully arguing the absence of the claimed secured right, we succeeded in canceling the majority (approximately 80%) of the provisional attachment.\
Outcome and Significance
“Simultaneously resolving overlapping pressures and protecting both the reputation and substantive property rights of a 30-year financial professional”
This case illustrates how a retired executive was able to overcome both criminal and civil pressures from a large corporate entity through the expertise of counsel and restore normalcy. Beyond merely avoiding criminal punishment, we also addressed the tangible infringement of property rights caused by the provisional attachment, thereby fundamentally alleviating the client’s hardship. Rather than relying on general assertions of innocence, our effective use of “tailored precedents” precisely aligned with the specific circumstances of the financial industry and the client’s situation proved decisive. The client, who had devoted 30 years to the company, was on the verge of being branded a betrayer, but through precise response by investigation experts, was able to protect both reputation and assets.