CONTENTS
- 1. Misappropriation of Lost Property | Case Background
- - The Victim's Report
- - Why Assistance From an Attorney at Daeryun Law Firm May Be Needed
- 2. Misappropriation of Lost Property | Case Review
- - The Issues
- - Review of the Relevant Legal Principles
- 3. Misappropriation of Lost Property | Details of the Assistance
- - Submission of a Letter of Reflection
- - Reached a Settlement With the Victim
- 4. Misappropriation of Lost Property | Details of the Assistance
1. Misappropriation of Lost Property | Case Background
The client who committed the misappropriation of lost property found another person's mobile phone inside a subway car and picked it up, yet, instead of handing it over to the lost-and-found center in accordance with the prescribed procedure, took it directly to his residence.
After resetting the mobile phone entirely and using it for personal purposes, the case came to light when the victim who had lost the phone filed a report with the police.
The transit corporation analyzed the CCTV footage inside the car to identify the client, and then transferred the case to the subway transit police unit.
The Victim's Report
The client, who received a 🔗police investigation contact following the victim's report, sought to respond by urgently retaining a Daeryun Law Firm attorney.
The problem was that the client had reset all the data after picking up the mobile phone.
The mobile phone was the victim's work device, and the important client contacts and work materials stored inside had all been deleted.
As a result, the victim suffered serious work-related disadvantages beyond mere financial loss, and the situation became one in which the victim did not readily express an intention to settle.
Why Assistance From an Attorney at Daeryun Law Firm May Be Needed
The client, facing a first police investigation, had no experience whatsoever with investigative procedures and was therefore at risk of making unfavorable statements out of nervousness.
Through conduct consulting, we provided detailed guidance on the demeanor and manner of answering to be mindful of during the investigation, helping the client gain the trust of the investigative agency.
In addition, in order to reach an amicable settlement with the victim, we provided a settlement representation service.
A Daeryun Law Firm attorney communicated directly with the victim and, by offering a sincere apology together with an appropriate compensation proposal, sought to obtain the victim's intention not to seek punishment and to actively support an amicable conclusion of the case.
2. Misappropriation of Lost Property | Case Review
After reviewing the misappropriation of lost property case, the Daeryun Law Firm attorney identified the following issues in order to defend against the client's charges.
The attorney sought to review the legal principles related to misappropriation of lost property and to determine whether any part of them applied to the client.
The Issues
The issue was whether the cell phone the client picked up constituted 'lost property.'
A cell phone found inside a subway car can generally be assessed as 'an object that has left the owner's possession,' so it was necessary to examine whether it met the object requirement for misappropriation of lost property.
The issue was whether the client's act of, after picking up the cell phone, not handing it over to a lost-and-found center but resetting it and using it for personal purposes could be regarded as intent to unlawfully obtain.
The fact that the victim lost important work materials and suffered significant work-related disadvantage could affect the sentencing determination.
Accordingly, whether a non-punishment intention could be secured through a settlement with the victim was an important point at issue.
Review of the Relevant Legal Principles
🔗Misappropriation of lost property is a crime established by misappropriating lost property, drifting property, property that has left another's possession, or buried property.
Simply put, this means that taking an item lost by another, an item buried in the ground, or another ownerless item without permission may constitute this crime.
Theft | Misappropriation of lost property |
Established when there is a possessor and an owner and this is infringed | Taking an item that is not in anyone's possession without the owner's permission |
Object of the act | Lost property owned by another |
Intent of unlawful acquisition | An act of intentionally using or disposing of another's item as one's own property |
Imprisonment for not more than 1 year, or a fine not exceeding 3 million won, or an administrative fine |
3. Misappropriation of Lost Property | Details of the Assistance
The Daeryun Law Firm attorney who took on the misappropriation of lost property case made the following arguments.
In particular, the attorney provided assistance with a focus on smoothly handling the settlement with the victim.
Submission of a Letter of Reflection
In order to emphasize that he was deeply reflecting on the case, the client wrote a sincere letter of reflection and submitted it separately to the investigative agency and to the victim.
Through this, he expressed his serious reflection and intention to prevent reoffending, indicating, along with deep regret over the case, that he was prepared to fulfill his responsibility.
Reached a Settlement With the Victim
The attorney at Daeryun Law Firm arranged an amicable settlement with the victim and secured a statement of no wish for punishment indicating that the victim did not wish for punishment.
In addition, the attorney offered a sincere apology to the victim, provided the costs necessary for restoration, and delivered settlement money, thereby resolving the case amicably.
4. Misappropriation of Lost Property | Details of the Assistance
Having reviewed the misappropriation of lost property case, the prosecution found that all of the client's alleged facts were acknowledged, but, citing the fact that the client had reached a settlement with the victim, issued a suspension of indictment disposition.
In this way, if a person picks up another's belongings out of a momentary impulse and does not return them, the person may be subject to a police investigation for misappropriation of lost property.
This is because, even without the intent to intentionally take property by force or to misappropriate another's property, the offense may be established simply by holding the property without returning it for a certain period.
Therefore, when a misappropriation of lost property case arises, it is important to resolve the case through a settlement with the victim, submission of a letter of apology, and the like.
Daeryun LLC attorneys actively assist clients in amicably reaching a settlement with the victim through 🔗legal consultation booking, so we recommend that you apply for a consultation.
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.
