Law firm Cheongchul's Attorney Bae Gi-hyung conducted an interview with 'Global Epic' regarding the 'elements of the crime of embezzlement in the course of duty'.
Recently, as the scale of embezzlement and breach of trust has grown and become more frequent, cases where judicial authorities impose heavy penalties are increasing, requiring caution.
According to Article 355 of the Criminal Act, embezzlement and breach of trust can result in imprisonment for up to 5 years or a fine of up to 15 million won; however, if it is embezzlement or breach of trust in the course of duty, those who commit the crimes specified in Article 355 of the Criminal Act can face imprisonment for up to 10 years or a fine of up to 30 million won.
The crime of embezzlement in the course of duty can be punished severely as it involves a person who manages another's property against their duties committing the crime of embezzlement or refusing to return the property.
Therefore, it is essential to carefully examine the elements of crimes against property, including the crime of embezzlement in the course of duty, and employees need to seek professional assistance to ensure that unjust allegations do not apply or are not established from their perspective.
In particular, it is necessary to understand the changed legal principles due to the recent changes in the stance of the Supreme Court, and since the circumstances leading to embezzlement, the amount embezzled and its usage, as well as the ownership of the embezzled property are mainly disputed, legal review of these matters is important.
For this reason, if you are involved in the case, it is essential to seek professional assistance to review the changes in the law and the facts regarding the case and to respond accordingly.
Attorney Bae Gi-hyung of law firm Cheongchul expressed the opinion that “In practice, embezzlement in the course of duty frequently becomes a problem, so both companies and employees must clearly understand the requirements. In cases where embezzlement in the course of duty is an issue, it is necessary to consult a lawyer to review whether the criteria for the composition of the crime are met. Therefore, in situations where the allegation of embezzlement in the course of duty is a problem, it is important for both the company and employees to respond through legal advice.”
For more details, you can check the full text of the interview published.
