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Occupational embezzlement: statutory penalty and likely requested sentence
The statutory penalty for Occupational embezzlement and the likely handling of the case depending on your circumstances. The results are for reference only.
- Statutory penalty
- Up to 10 years in prison or a fine of up to KRW 30 million
- Legal basis
- Criminal Act, Article 356
- Category
- Property
Calculate with your own circumstances
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
- 4 months to 1 year 4 months in prison
If the amount embezzled is KRW 30,000,000 or more and there is no settlement, there is a recent prior conviction of the same type, or the method was planned, investigation in detention may be considered.
Formal trial (prison sentence requested)
- Likely requested sentence
- 4 months to 1 year 4 months in prison
If the amount embezzled is KRW 10,000,000 or more and there is no settlement, a formal trial is usual. If you settle during the trial, a suspended sentence may be requested.
Summary fine
Without a settlement, the standard fine is 30% or more of the amount embezzled.
Summary fine
With a settlement, the standard fine is 10% or more of the amount embezzled.
Notes
- If the amount of embezzlement or breach of trust is KRW 500 million or more, a special law (the Specific Economic Crimes Act) punishes it much more heavily.
- Property crimes between family members (relatives) can be punished only if the victim files a complaint.
Frequently asked questions
- Occupational embezzlement: what is the statutory penalty?
- Legal basis: Criminal Act, Article 356. Statutory penalty: Up to 10 years in prison or a fine of up to KRW 30 million.
- Occupational embezzlement: how is the case usually handled?
- Depending on the circumstances, it may be handled as follows: Detention considered, Formal trial (prison sentence requested), Summary fine. 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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