If you are unfairly accused of criminal embezzlement, you must respond quickly.

[Reporter Roishu Jin Ga-young] Business embezzlement is a representative property crime that occurs in companies, organizations, and private gatherings. It is a crime that is more condemnable than simple embezzlement in that it involves abandoning one's work duties and committing a crime, and the punishment is more severe.

According to Article 355 of the Criminal Act, embezzlement and breach of trust are punishable by up to 5 years in prison or a fine of up to 15 million won. However, business embezzlement is treated more seriously than simple embezzlement in that the crime is committed for one's own benefit.

In the case of professional embezzlement and professional breach of trust, a person who commits a crime specified in Article 355 of the Criminal Act will be subject to imprisonment for up to 10 years or a fine of up to 30 million won.

Since business embezzlement is a property crime committed against another person's property, the punishment is not light. Therefore, for property crimes, including business embezzlement, you must professionally and meticulously check the establishment requirements and take care to ensure that unfair charges are not applied and established in your position.

In addition, if the value of property or property interests acquired through business-related embezzlement or breach of trust (hereinafter referred to as ‘gain amount’) is more than 500 million won, the law on aggravated punishment for specific economic crimes is applied. If the amount of gain is more than 500 million won but less than 5 billion won, you can be sentenced to imprisonment for a fixed term of 3 years or more, and if the amount of gain is more than 5 billion won, you can be sentenced to imprisonment for life or more than 5 years.

When an investigation is conducted on charges of business embezzlement, the circumstances of the embezzlement and the attribution of civil ownership become major issues, and because the verdict may vary depending on whether or not it is proven, legal review is very important. In addition, even if a person is found guilty, damages can be reduced through repayment and agreements.

In particular, the intention to acquire property illegally is important, and important issues in litigation include whether the disposal was arbitrarily contrary to the owner's intent and whether there was an intention to illegally acquire the property in the process.

Attorney Kim So-yul of Daeryun Law Firm (Lihan) advised, “If you are accused of professional embezzlement, it is most important to prove that your actions were not for personal gain. If you have been unfairly implicated, you need to thoroughly prepare for a lawsuit with a criminal lawyer.”

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