"Kimchi is Innocent, Mackerel is Guilty"... Criteria for Theft by Restaurant Employee?

[Financial News] A court judged a woman in her 60s, who repeatedly took side dishes for employee meals in her bag, guilty of theft for some items, while others were acquitted due to lack of evidence. The court meticulously examined the 'boundary between providing employee meals and theft'.
According to the legal community on the 31st, the Seoul Western District Court (Presiding Judge Lee Hyun-woo) overturned the initial fine of 300,000 won for Ms. A (66), who was on trial for stealing restaurant side dishes and ingredients, and sentenced her to a fine of 200,000 won. The court judged, "Some charges were proven, but the rest were acquitted due to lack of evidence."
Ms. A was indicted for allegedly taking side dishes such as grilled mackerel, japchae, stir-fried pork belly, eggs, and seasoning from a restaurant in Yongsan-gu, Seoul, where she worked as a night cooking assistant for a month starting in May 2023.
The restaurant claimed, "She unauthorizedly took ingredients not meant for employee meals," but Ms. A countered, "They were side dishes for employee meals."
The first trial found Ms. A guilty of taking some side dishes, such as grilled mackerel, based on CCTV footage, employee testimonies, and transaction statements. However, kimchi, soup, and other items were acquitted due to unclear witness statements or lack of video evidence.
In the appeal, Ms. A claimed she did not steal the grilled mackerel. She stated, "I purchased the mackerel myself, and a friend provided the dumplings and soy sauce."
However, Ms. A's claim was not accepted. The appellate court explained, "The packaging of the mackerel and dumplings seen in the video is identical to the ingredients of the victim's restaurant, and the submitted receipts do not prove actual purchase."
On the other hand, some items like seasoned black beans, perilla leaves, garlic, and pork were judged innocent due to "lack of objective evidence such as mismatched dates or contradictory statements."
Ultimately, the items recognized as stolen were 5-6 boiled eggs, mackerel, dough for meatballs, and seasoning, totaling three instances. Thus, the court reduced the fine, stating, "Some acquittals necessitate adjusting the sentence."
The court stated, "Although the defendant denies the charges and shows no remorse, the victim does not wish for punishment, there is no prior similar offense, and the damage is not significant," explaining the reason for the sentence adjustment.

425_sama@fnnews.com Choi Seung-han Reporter