Forfeiture Order of KRW 8.2 Billion Reduced to KRW 400 Million on Appeal
By recalculating the attribution of gains that formed the basis of the forfeiture amount, we secured a substantial reduction on appeal.
Basic Facts
The client was ordered at first instance to forfeit KRW 8.2 billion on the grounds of having obtained improper gains through numerous transactions.
The first-instance court calculated the forfeiture amount by treating the entire scale of the transactions as the gain.
The client argued that the amount actually attributable to him was only a fraction of that total.
Jeongpyeong's Assistance
On appeal, we reconstructed the flow of funds transaction by transaction, organizing into a table exactly when, to whom, and how much was attributed.
By distinguishing amounts distributed to co-participants from amounts spent as necessary expenses, we narrowed the scope subject to forfeiture.
We obtained a review opinion from an accounting expert to point out flaws in the calculation method itself.
We also argued for consistency with the amount recognized in the judgment of the co-offender's case.
Outcome
The appellate court reduced the forfeiture amount to KRW 400 million.
This was a case in which rebuilding the basis for the figures from the ground up changed the outcome.
Facing a similar situation? We'll help you sort out the facts first.