The crime of embezzlement and business-related embezzlement is wide in scope and the level of punishment is high.

Embezzlement is a crime that occurs when a person who keeps another person's property embezzles it or refuses to return it. It can be widely applied, from reckless use of club membership fees and money, to personal use of company funds, to secretly stealing bank deposits.

If the charge is confirmed and you are sentenced to prison, you will be sentenced to up to 5 years in prison or a fine of 15 million won. Among embezzlement crimes, if you commit the crime of embezzlement in violation of your work duties, the level of punishment increases to up to 10 years in prison and a fine of up to 30 million won.

In particular, in the case of business embezzlement, if the value of the property embezzled is more than 500 million won but less than 5 billion won, the Act on the Aggravated Punishment of Specific Economic Crimes (Special Police Act) applies and the person can be sentenced to imprisonment for a fixed term of three years or more. If the amount of damage is more than 5 billion won, you can be sentenced to life imprisonment or more than 5 years in prison under the Special Police Act.

In the case of business embezzlement, cases of embezzlement of large amounts of money, mainly from companies or banks, are regarded as a social problem. Not long ago, after being sentenced to 1 year and 6 months in prison for business embezzlement by the Suwon District Court, news was reported that he was caught again and sentenced to prison again, sparking debate among netizens. An important element of this crime of embezzlement is the intention to obtain illegal profits.

The intention to illegally acquire property refers to the intention of a person who keeps another person's property to dispose of the property as if it were his or her own, in fact or in law, without authority, for the benefit of himself or a third party, contrary to the purpose of entrustment.

Therefore, a person suspected of business embezzlement may be subject to criminal punishment if he or she cannot prove with clear evidence that he or she did not intend to obtain illegal profits. Work does not only refer to cases where work is performed pursuant to laws or contracts, but also includes cases where the person is in a position to repeat the same actions, including customs and de facto status.

Attorney Kang Dong-hoon of Daeryun Law Firm (Lihan) advised, “In order to determine whether there was an intention to obtain illegal profits in the case of business-related embezzlement, you must carefully check the specific actions, the circumstances leading up to the embezzlement, the amount embezzled and how it was used, and then seek the help of a criminal lawyer.”

He added, “Because the true nature of the case must be identified based on objective circumstantial evidence, it is wise to consult with a criminal lawyer from the beginning of the case and prepare an appropriate response plan.”

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