A Security Guard in His 40s Cleared of 'Choco Pie Theft' That Nearly Cost Him His Job

[The Financial News] A security guard in his 40s, who was prosecuted for theft after eating a Choco Pie and a Custard worth a total of 1,050 won from an office refrigerator while on patrol, was acquitted on appeal.
On the 27th, the Jeonju District Court Criminal Division 2 (Presiding Judge Kim Do-hyung) overturned the original verdict of a 50,000 won fine and found Mr. A (41), who had been charged with theft, not guilty.
Mr. A was brought to trial for allegedly taking a 450-won Choco Pie and a 600-won Custard from the refrigerator of a logistics company's office in Wanju County on January 18 last year. Mr. B, the head of the logistics company, reported Mr. A after reviewing security camera footage.
Prosecutors, considering the small amount of the loss—1,050 won—charged Mr. A with a summary offense, seeking a 500,000 won fine instead of a formal trial. However, Mr. A pleaded not guilty and requested a full trial.
During the trial, Mr. A argued, "Delivery drivers who regularly entered the office told me it was okay to eat the snacks," and insisted that he had no intention of stealing.
In contrast, Mr. B stated, "The snacks were purchased with the company card or personal funds for the employees of the logistics company," and added, "Even delivery drivers do not open the refrigerator without permission and only take snacks after getting approval from the logistics company staff."
The court of first instance imposed a 50,000 won fine on Mr. A. The court explained, "The office is divided into a workspace and a waiting area for delivery drivers, and the refrigerator is located in the workspace where delivery drivers are not allowed. Given Mr. A’s occupation and work experience, he should have known that delivery drivers were not employees of the logistics company and had no authority to permit him to eat the snacks in the refrigerator." The court also considered Mr. A's prior theft record.
However, the appellate court found that there was no intent to commit theft, which was the core issue in the case. The court noted the possibility that Mr. A believed his actions were permitted based on what he had been told by delivery drivers who frequented the office.
The court stated, "Even if the delivery drivers did not have the authority to dispose of the company snacks, there were sufficient circumstances for Mr. A to mistakenly believe they did. It is difficult to conclude that he had criminal intent to steal against the victim's wishes."
With this acquittal, Mr. A is now free from a criminal record and has avoided losing his job, which would have been at risk under the Security Services Industry Act if the fine had been upheld.
moon@fnnews.com Moon Young-jin Reporter