Criminal punishment for business embezzlement becomes more severe depending on the amount of illegal embezzlement.

[Global Epic Reporter Lee Seong-su] Business embezzlement is a crime in which a person who keeps another person's property embezzles it or refuses to return it. It can occur in many places, including companies, organizations, and private gatherings. If found guilty, the person is subject to imprisonment for up to 10 years or a fine of up to 30 million won.

It mainly involves employees of financial institutions or accounting managers within companies, but it can also occur elsewhere. Even in private gatherings such as alumni associations or clubs, collecting and storing membership fees between members is considered business-related storage, so if public funds are used arbitrarily, the charge can be acknowledged.

The work referred to in the crime of embezzlement does not only refer to cases performed according to law or contract, but also includes cases where the person is in a position to repeat the same act through custom or de facto status. Therefore, even if you do not perform work that directly deals with money, if you are in a position to store other people's property, there is ample room for a charge of embezzlement.

However, in order for business embezzlement to be established, the perpetrator must be confirmed to have intentional or illegal gain. The intention to illegally acquire property refers to the intention of a person entrusting another person's property to dispose of the property for the benefit of himself or a third party, contrary to the purpose or purpose of entrusting the property. The intention to obtain illegal profits must be judged based on objective circumstantial evidence, such as the circumstances of the embezzlement, the amount of the embezzlement, and how it was used.

It must be taken into account that property crimes, such as business embezzlement, are subject to more severe punishment depending on the amount of damage caused by embezzlement. If you gain more than 500 million won through embezzlement while on the job, you can be sentenced to three years or more in prison under the Aggravated Punishment Act for Specific Economic Crimes.

For embezzlement crimes, the weight of punishment inevitably varies depending on what charges are applied and recognized, and if the litigation process is prolonged, it becomes difficult for the parties involved. It also has the characteristic that the facts are complex and it is difficult to secure evidence.

Attorney Choi Han-sik of Daeryun Law Firm (Yuhan) advised, “Business-related embezzlement is a case in which it is difficult to receive relief or resolve misunderstandings if the establishment requirements are not properly understood, so you must systematically respond to the investigation and trial by receiving legal assistance from a criminal lawyer with extensive case experience in the relevant field.”

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