CONTENTS
- 1. The Client Who Consulted a Busan Criminal Litigation Attorney
- - The Circumstances of the Client's Case as Identified by the Busan Criminal Litigation Attorney
- - What Is Misappropriation of Lost Property?
- - Requirements for Misappropriation of Lost Property
- 2. The Busan Criminal Litigation Attorney's Response Strategy
- - Emphasizing the Complete Absence of Intent and Intent of Unlawful Acquisition
- - An Attitude of Remorse and a Settlement With the Victim
- 3. Busan Criminal Litigation Attorney | Suspension of Indictment Immediately After the Prosecution's Investigation
1. The Client Who Consulted a Busan Criminal Litigation Attorney
The client was unintentionally involved in a misappropriation of lost property case and was subjected to investigation by an investigative agency.
To receive legal assistance, the client consulted a Busan criminal litigation attorney of the criminal group at Daeryun Law Firm, which has extensive experience in such cases, and explained the circumstances of the case.
The Circumstances of the Client's Case as Identified by the Busan Criminal Litigation Attorney
The client, who lives in Busan, found a wallet lying on one side of the sidewalk while walking down the street.
The wallet contained cash and several cards, as well as an identification card that could identify the owner.
The client initially intended to report it to the police station to help find the owner, but over time, amid a busy daily routine, forgot about it.
The owner of the wallet concluded that the client's delay in returning it reflected an intention to keep the wallet and filed a criminal complaint for misappropriation of lost property, and the client became subject to police investigation.
What Is Misappropriation of Lost Property?
Misappropriation of lost property is a crime provided for under Article 360 of the Criminal Act and refers to arbitrarily misappropriating property that has left another person's possession.
In other words, it is a crime committed when a person finds property that clearly has an owner and, instead of returning it, takes ownership of it or sells, or lends it to another.
When this offense is committed, a person may be punished by imprisonment of up to one year or a fine of up to 3 million won.
Misappropriation of lost property is similar to larceny, but larceny involves taking property in the possession of another, whereas misappropriation of lost property differs in that it involves not returning property found while no one possesses it.
Requirements for Misappropriation of Lost Property
The requirements for misappropriation of lost property are as follows.
| Object | It must be lost property owned by another. This refers to property that has left the possessor's control regardless of the possessor's intention, such as lost articles, drifting articles, and buried articles. |
| Conduct | There must be an act of misappropriating (acquiring) the property in question. |
| Intent of Unlawful Acquisition | This is the most important element for misappropriation of lost property to be committed, and there must be an intention to unjustly exclude the rightful holder and intentionally use or dispose of another's property as one's own. |
| Intent | The actor must, while knowing that the property belongs to another, intentionally carry out the act of misappropriation. |
2. The Busan Criminal Litigation Attorney's Response Strategy
The client retained an attorney with extensive experience in criminal litigation in Busan to obtain legal response and assistance in an unfair situation.
The Busan criminal litigation attorney pursued the following response strategy.
Emphasizing the Complete Absence of Intent and Intent of Unlawful Acquisition
Through thorough consultation with the client, the Busan criminal litigation attorney first closely identified the circumstances of the case.
After identifying the circumstances of the case, the attorney built a thorough pleading strategy centered on the point that misappropriation of lost property is not constituted if it is deemed that there was no intent of unlawful acquisition.
First, citing as evidence the records noting the date, time, and place where the client found the wallet, the Busan criminal litigation attorney emphasized that the client had merely kept the wallet and had not used or attempted to dispose of it at all.
This became an important basis for proving that there was no ‘intent of unlawful acquisition,’ which is a core element of misappropriation of lost property.
An Attitude of Remorse and a Settlement With the Victim
During the investigation, the client showed deep remorse, immediately returned the wallet, and conveyed a sincere apology to the victim.
On this basis, the Busan criminal litigation attorney emphasized that the client was genuinely remorseful and that a similar situation would never occur again.
Having reached an amicable settlement, the attorney also conveyed to the prosecution that the victim did not wish for punishment.
Finally, the attorney actively argued that the client was a first-time offender with no record of criminal punishment and had led a diligent life in society as well.
3. Busan Criminal Litigation Attorney | Suspension of Indictment Immediately After the Prosecution's Investigation
With the assistance of the Busan criminal litigation attorney, the prosecution issued a suspension of indictment to the client.
A suspension of indictment refers to a disposition in which the prosecutor, while recognizing the suspect's criminal charges, decides not to refer the case to trial in consideration of various factors.
Through this, the client was able to conclude the case without leaving a criminal record and expressed deep gratitude.
In a criminal case, the role of defense counsel goes beyond that of a mere legal representative and provides an important defense strategy.
When subjected to investigation by an investigative agency for misappropriation of lost property, a person should, from the early stage of the case and with the legal advice of an attorney, present specific evidence or circumstances that can prove innocence.
In particular, in cases such as misappropriation of lost property where intent is difficult to prove, mounting an accurate legal response with the help of experienced defense counsel can be helpful.
This is because responding to an investigation without properly understanding the legal procedures may place a person in an unfavorable situation that can lead to greater punishment.
Also, when the other party's harm from picking up a lost item is clear and a settlement is needed, thorough case analysis with an attorney is helpful.
The criminal group at Daeryun Law Firm, through the assistance of a Busan criminal litigation attorney with extensive experience related to 🔗misappropriation of lost property litigation, helps resolve clients' grievances.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
