News & Insights
Latest news and legal insights from HANBYOL LAW LLC.
Police say 'not guilty' twice...but prosecutors say 're-investigate', why?
Heo Eun-seok (Hanbyol Law LLC) noted that in a case of alleged business embezzlement related to the consignment sale of used phones, the prosecution ordered a re-supplemental investigation even though the police had twice issued dismissal opinions. He analyzed that while the prosecution's repeated requests for supplementation may seem like a red flag, the case has moved beyond a simple dispute of facts to a legal construction issue, such as whether or not to recognize "custodian status.
Mr. Heo believes that it is difficult to conclude that the likelihood of prosecution has increased significantly, and emphasized that the future of the case depends on legal judgments based on specific circumstances, such as the actual operating structure, settlement method, and form of fund attribution, rather than the existence of a contract. Therefore, the defense should prepare evidence such as settlement documents and operating materials, and carefully prepare legal logic, and the repeated dismissal opinions may be an advantageous circumstance.

