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Indicted for Forgery of Private Documents and Embezzlement — Acquitted at First and Second Instance, With Acquittal Confirmed by the Supreme Court

Background

Our client, an employee of a company, was indicted on charges including forgery of private documents and occupational embezzlement, on the allegation of diverting goods belonging to the company and its counterparties and forging the related documents. A conviction would have been difficult to separate from severe punishment. Changchun defended the indicted client.

The Issue — Is the Charge Proven Beyond a Reasonable Doubt?

In a criminal trial the prosecutor must prove guilt beyond a reasonable doubt; short of that, the defendant is acquitted. The central question was whether the evidence submitted by the prosecutor proved our client's embezzlement and document forgery.

How Changchun Helped

Across nine hearings at first instance and four on appeal, Changchun (attorneys Jaesun Yoon and Donghwan Shin) persistently contested the gaps in the prosecution's evidence and established the legitimate background to our client's conduct. The result was ▲ acquittal at first instance → prosecutor's appeal → ▲ acquittal on appeal as well → prosecutor's final appeal → ▲ dismissal of that appeal by the Supreme Court, confirming the acquittal.

Outcome — Acquittal Confirmed, and Costs Recovered

Our client's acquittal was confirmed through first instance, appeal and the Supreme Court. Changchun went further and obtained criminal cost compensation (Criminal Procedure Act art. 194-2), recovering from the State the expenses our client had incurred in standing trial (attorney fees, travel expenses, daily allowances and the like) — substantively restoring what the case had cost.


This case saw the prosecution's evidence dismantled piece by piece over many hearings and a long period, ending in a confirmed acquittal and State compensation for the costs of the trial. It shows that where someone has been wrongly indicted, the fight is worth carrying to the end. (Outcomes may differ depending on the facts of each matter.)

Case articles are anonymized within the scope of client consent and are provided for general information only, not as legal advice on any specific matter. Outcomes may differ depending on the facts of each case.