CONTENTS
- 1. The Client Who Sought a Larceny Attorney
- - The Circumstances of the Case of the Client Charged With Larceny
- 2. Larceny and Extortion Explained by a Larceny Attorney
- 3. The Attorney's Areas of Assistance
- - The Criminal Attorney's Representation (1): The Elements of Larceny Are Not Met
- - The Criminal Attorney's Representation (2): The Elements of Extortion Are Not Met
- - The Criminal Attorney's Representation (3): The Complainant's Exaggeration and Overstatement
- 4. Result of the Attorney's Assistance: Non-Referral
- - When Subject to Police Questioning for Larceny
1. The Client Who Sought a Larceny Attorney
The client who came to the larceny attorney needed legal help after being charged with a crime by the police during a secondhand transaction, and with the attorney's help received a non-referral disposition.
The Circumstances of the Case of the Client Charged With Larceny
This is the story of a client who came to a larceny attorney.
The client, a high school student, agreed to make a used-goods transaction for a bicycle with a classmate.
Although there was a slight difference of opinion midway over the price of the bicycle parts, they reached an agreement well through conversation and completed the transaction.
However, the other party afterward reportedly reported to the police that the client had forced the transaction through extortion and threats.
The other party even asserted a larceny charge against the client, claiming that the client had stolen their belongings.
Bewildered by this, the client came to a larceny attorney to respond with legal assistance.
2. Larceny and Extortion Explained by a Larceny Attorney
The charges against the client who came to the larceny attorney were 🔗larceny and 🔗extortion.
First, larceny is, as the term suggests, a type of crime that is established when a person steals another's property.
The establishment of larceny depends on a combination of factors, including physical evidence such as CCTV, the statements of witnesses such as eyewitnesses, and whether there was an intent to unlawfully take another's property.
Extortion, on the other hand, is a crime that is established when a person uses an act of threat to instill fear in another and thereby obtains a financial benefit.
Care is needed because it is a crime separate from intimidation, which deals only with the act of threat itself.
The crime commonly referred to as "shakedown" or "extortion of money and goods" corresponds legally to extortion, and whether there was property or a financial benefit serves as an important element.
Sentencing levels for larceny and extortion
| Larceny | Imprisonment for up to 6 years or a fine of up to 10 million won |
| Extortion | Imprisonment for up to 10 years or a fine of up to 20 million won |
3. The Attorney's Areas of Assistance
The theft attorney, after conducting a detailed interview with the client, collected evidence related to the charge in the case and made arguments.
The Criminal Attorney's Representation (1): The Elements of Larceny Are Not Met
The client did not commit theft; rather, the client engaged in a secondhand transaction with the complainant, paid the price, and took the agreed item.
The criminal attorney collected and submitted as evidence the conversation in which the client and the complainant arranged that the item would be placed at a specific location to be taken.
Through this, the attorney emphasized that the crime of larceny is not established against the client.
The Criminal Attorney's Representation (2): The Elements of Extortion Are Not Met
The client had also merely reached a normal price agreement with the complainant during a used-goods transaction and had not engaged in any unlawful threat.
The criminal attorney gathered and submitted as evidence messages in which the complainant first proposed the used-goods transaction.
Through this, the attorney emphasized that there had been no unilateral act of threat whatsoever and that the crime of extortion was therefore not established.
The Criminal Attorney's Representation (3): The Complainant's Exaggeration and Overstatement
The complainant intentionally edited only a portion of the conversations exchanged with the client and used it as evidence for the police charge.
However, considering the context of the entire conversation, this was evidence that was difficult to regard as indicating a criminal charge.
The criminal attorney submitted the full context of the conversation exchanged between the client and the complainant as evidence and argued that the complainant had filed the charge through exaggeration and overstatement.
4. Result of the Attorney's Assistance: Non-Referral
The police, accepting the arguments of the larceny attorney, issued a decision of non-referral on the ground that the evidence of the client's charge was insufficient.
When Subject to Police Questioning for Larceny
This was a case in which the client was reported to the police on charges of larceny / theft and extortion but, through appropriate assistance from an attorney, received a non-referral disposition and successfully defended against punishment.
As shown here, when a person is implicated in a criminal case, it is very important to identify the charges clearly, gather evidence accordingly, and build a pleading.
In particular, in a criminal case, even a minor like the client may, depending on age, receive the same punishment as an adult, and a criminal record may remain afterward and affect even admission to higher education, so caution is needed.
At Daeryun Law Firm, we conduct detailed consultations with the client to make an accurate assessment from the early stage of the case and provide the assistance of an appropriate specialist.
In particular, beyond legal defense, we provide a comprehensive response system, including evidence gathering and accompaniment to the police investigation.
If you are facing a similar issue, we hope you may obtain assistance through a 🔗legal consultation appointment.
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.
