Choco Pie theft case ignites public outcry; prosecution signals leniency in appeal
A worker faces trial after eating a Choco Pie during a night shift. Korea Times file
Snack taken during night shift leads to theft charge, prosecution
A man put on trial for eating snacks worth just 1,050 won ($0.77) without permission — a case now dubbed the “Choco Pie theft” incident — is stirring nationwide debate in Korea.
Critics argue that dragging someone to criminal court over such a trivial amount is an excessive application of the law, with some even comparing it to a modern-day “Les Misérables” scenario.
Following a guilty verdict in the first trial, the case is now under appeal. Facing mounting criticism, prosecutors have hinted that they may consider leniency in the second trial.
“We will look into what the prosecution can do within reason at the sentencing stage,” Shin Dae-kyung, the new chief prosecutor at Jeonju District Prosecutors’ Office, said at a Monday press briefing.
Midnight snack or crime?
The incident occurred around 4 a.m. on Jan. 18, 2024, at a factory in Wanju, North Jeolla Province. A security guard was accused of taking a Choco Pie, which retails for about 400 won, and a custard cake, valued at about 650 won, from the office refrigerator of a partner logistics firm without permission.
The security guard argued that eating such snacks after overnight shifts was a common practice among employees and denied any intent to steal.
However, the firm filed a formal complaint, and prosecutors charged the security guard with theft. Initially, prosecutors sought a 500,000 won fine in a summary trial, but the security guard requested a full trial.
The first court ruled against him, imposing a reduced fine of 50,000 won, but still delivering a guilty verdict.
Debate over prosecutorial discretion
Observers have questioned why prosecutors could not simply suspend the indictment, given the trivial amount at stake.
Prosecutors explained that in property crimes like theft, if the victim insists on punishment and no settlement is reached, prosecution becomes unavoidable regardless of the amount.
Shin noted: “When the victim strongly demands punishment and there is no agreement, a nonprosecution disposition is not possible.” He added that the security guard's insistence on having no criminal intent made it difficult for prosecutors to exercise discretion in his favor.
Court and prosecutors weigh broader context
At the first appellate hearing on Thursday, the accused's defense argued that the snacks were customarily shared and thus not theft.
Presiding Judge Kim Do-hyung of Jeonju District Court remarked, “It feels harsh to take it this far. We will examine whether theft legally applies here.”
Prosecutors also suggested they will review the case carefully, citing parallels to the so-called “half-and-half jokbal” case in 2022, when a part-time worker was acquitted after eating 5,900 won worth of pork trotters marked for disposal. That case ended in acquittal after prosecutors withdrew their appeal.
While the current appeal cannot be withdrawn — as the first trial already delivered a guilty verdict — prosecutors hinted they could exercise discretion at sentencing, potentially even recommending no punishment.
The case continues to fuel debate over proportional justice in Korea’s legal system, with critics arguing that treating a snack worth 1,000 won as a serious crime undermines public trust in the fairness of law enforcement.
This article from the Hankook Ilbo, the sister publication of The Korea Times, is translated by generative AI and edited by The Korea Times.