What are the elements of embezzlement and theft by false pretenses?

California, United States of America


The following excerpt is from People v. Kuo, A154726 (Cal. App. 2020):

Here, the prosecution relied on two theories of grand theft, embezzlement and theft by false pretenses. " 'Embezzlement is the fraudulent appropriation of property by a person to whom it has been [e]ntrusted.' ( 503.) The elements of embezzlement are '1. An owner entrusted his/her property to the defendant; 2. The owner did so because he/she trusted the defendant; 3. The defendant fraudulently converted that property for his/her own benefit; [and] 4. When the defendant converted the property, he/she intended to deprive the owner of its use.' (CALCRIM No. 1806.)" (People v. Fenderson, supra, 188 Cal.App.4th at pp. 636-637.)

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