Calculators & Self-ChecksProsecution Request Estimator
Fraud, embezzlement or breach of trust under the Specific Economic Crimes Act (KRW 500 million or more): statutory penalty and likely requested sentence
The statutory penalty for Fraud, embezzlement or breach of trust under the Specific Economic Crimes Act (KRW 500 million or more) and the likely handling of the case depending on your circumstances. The results are for reference only.
- Statutory penalty
- Gain of KRW 500 million or more but less than KRW 5 billion: 3 years or more in prison for a fixed term / KRW 5 billion or more: life imprisonment or 5 years or more in prison (a fine up to the amount of the gain may be imposed as well)
- Legal basis
- Act on the Aggravated Punishment of Specific Economic Crimes, Article 3(1)
- Category
- Property · Act on the Aggravated Punishment of Specific Economic Crimes
Calculate with your own circumstances
The total obtained through fraud, extortion, embezzlement or breach of trust.
What the handling steps mean
- Detention considered · Detention (구속): being held in custody during the investigation and trial under a court warrant when there is a risk of fleeing or destroying evidence
- Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
- Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
- Suspension of indictment possible · Suspension of indictment (기소유예): the wrongdoing is recognized, but the prosecutor takes various circumstances into account and closes the case without sending it to trial
- Referral to the Family Court possible · Domestic or juvenile protection case: instead of criminal punishment, the Family Court imposes protective dispositions such as counseling, a no-contact order or community service
Handling standards at a glance
Listed from heaviest to lightest. The actual decision depends on the results of the investigation and your circumstances.
Detention considered
- Likely requested sentence
- 7 years or more in prison
Detention considered
- Likely requested sentence
- 5 years or more in prison
Detention considered
- Likely requested sentence
- 3 years or more in prison
Notes
- Investigation in detention and a formal trial are the rule.
- How much of the damage has been made good (repayment or settlement) and how the crime happened weigh heavily in both the request and the sentence.
- Detention requires a legal ground such as a risk of fleeing or destroying evidence, so many cases proceed without detention even when they meet this standard.
Frequently asked questions
- Fraud, embezzlement or breach of trust under the Specific Economic Crimes Act (KRW 500 million or more): what is the statutory penalty?
- Legal basis: Act on the Aggravated Punishment of Specific Economic Crimes, Article 3(1). Statutory penalty: Gain of KRW 500 million or more but less than KRW 5 billion: 3 years or more in prison for a fixed term / KRW 5 billion or more: life imprisonment or 5 years or more in prison (a fine up to the amount of the gain may be imposed as well).
- Fraud, embezzlement or breach of trust under the Specific Economic Crimes Act (KRW 500 million or more): how is the case usually handled?
- Depending on the circumstances, it may be handled as follows: Detention considered. Enter your circumstances in the calculator above to see which one applies.
Other crimes in the same category
This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case, such as a settlement, prior convictions and how the crime happened, and on the judgment of the prosecutor in charge; the final sentence is decided by the court. If you are about to be questioned, do not rely on this result alone and talk to a lawyer first.
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