Case of Assistance in Misappropriation of Lost Property | Client Who Returned Found Property Late, Defended Against Punishment

The crime of misappropriation of lost property is an offense provided for in Article 360 of the Criminal Act, and it punishes the act of misappropriating property that has departed from another person's possession.

It may be established where a person finds lost property, drifting property, or an item that has departed from another person's possession (for example, an item left behind in a taxi or cafe, or a wallet or mobile phone dropped on the street) and thereafter uses it as if it were his own or fails to return it.

After a thorough analysis of the case, the attorney determined that, rather than unreasonably denying the charges, it would be more effective to emphasize that the situation was an unavoidable one arising from a mistake and a busy schedule.

Accordingly, the attorney established a strategy of demonstrating an attitude of remorse while actively highlighting favorable mitigating circumstances.

The attorney investigated in detail the client's ordinarily diligent life, the fact that he was a first-time offender, his harmonious family environment, and his busy schedule at the time of the incident, and included these in the written opinion.

Rather than presenting a mere excuse, the attorney persuasively set forth the client's human character together with concrete materials, such as the client's credit score, family travel photographs, and business trip records.

The attorney actively communicated with the victim's side and pursued a settlement.

Through the criminal mediation process, the attorney conveyed the client's sincere apology and remorse, and ultimately obtained the victim's forgiveness, thereby securing an expression of the victim's wish not to seek punishment.

The core of the crime of misappropriation of lost property is the intent of unlawful acquisition.

If a person mistakenly believed the item to be his own, or had the intention to return it but was unable to do so immediately due to unavoidable circumstances, it may be argued that there was no intent of unlawful acquisition.

The attorney analyzes the specific circumstances of the case and establishes a strategy of whether to deny the charge or to seek a reduction of punishment through consideration of mitigating circumstances.

In the crime of misappropriation of lost property, a settlement with the victim has a significant effect on the outcome of the disposition.

In order to obtain a more lenient disposition, such as suspension of indictment or suspension of sentencing, the victim's expression of a wish not to seek punishment is important.

The attorney actively communicates with the victim's side to reach a settlement and seeks an amicable resolution by making use of procedures such as criminal mediation.

In the case of a first-time offender, the attorney prepares favorable mitigating materials, such as writing a letter of apology, securing letters of appeal, and demonstrating a diligent way of life, and submits them to the investigative agency and the court.

In particular, if there was a busy schedule or unavoidable circumstance at the time of the incident, it is helpful to explain this in concrete terms.

The attorney discovers every circumstance favorable to the client, organizes it in the form of a written opinion, and submits it to the investigative agency in an effort to obtain a lenient disposition.

If a person makes inconsistent or unfavorable statements during the investigation process, this may instead solidify the charge.

In particular, with respect to matters that are not clearly remembered, one must take care not to answer based on speculation or conjecture.

The attorney accompanies the client during police and prosecutorial questioning to assist the client in making proper statements and helps the client respond appropriately to leading or unfavorable questions from investigators.