P. v. Lo
Alberto Lim Lo (appellant) appeals from the order entered following a jury trial that resulted in his conviction of grand theft by embezzlement in violation of Penal Code section 487, subdivision (a).[1] Appellant was an employee of Inconen Temporary Services (ITS) for five or six years until he was terminated on September 28, 2005. ITS, an employment agency, provided temporary employees to aerospace companies such as Boeing. Appellant was responsible for accounts receivable. He submitted invoices to Boeing and instructed ITSs payroll department to issue checks to its employees provided by ITS to Boeing. From 2004 through 2005, appellant instructed two employees who had received overpayments for travel expenses to submit blank checks to him. One employee submitted three checks for $3,796, $3,817.46, and $2,105.74. Another employee, pursuant to instructions by appellant, sent blank checks to appellant for overpayments on several occasions. It was stipulated at trial that appellant cashed the checks sent to him by the employees. Appellant did not have permission to receive blank checks for travel expense overpayments or cash them.
Appellant was found guilty of grand theft by embezzlement as noted above. Imposition of sentence was suspended and appellant was placed on three years probation with the condition that he spend one year in county jail.
The judgment (order granting probation) is affirmed.
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