CONTENTS
- 1. The Story of the Client Accused of Theft
- - The Client's Requests
- 2. Theft Complaint: Explanation of the Concept of Theft
- - Larceny Sentencing Guidelines
- 3. Issues in the Theft Complaint Case
- - Accompaniment at the Police Investigation
- - Securing On-Site CCTV and Coworker Statements
- - Arguing That the Elements of Larceny Are Not Met
- - Pointing Out the Possibility of a Malicious Complaint
- 4. Result of the Response to the Theft Complaint Case
- - The Need for Assistance From a Specialized Lawyer
1. The Story of the Client Accused of Theft
This is the story of a client who sought the assistance of this firm's specialized attorney, saying that it was absurd that the client had been subjected to a theft complaint.
The client was working at an oriental medicine clinic, performing the role of helping to guide patients.
The client said that, having recently become pregnant, the client had had a minor dispute while discussing maternity leave and parental leave with the director of the oriental medicine clinic.
On the day of the incident, the director of the oriental medicine clinic suddenly became furious with the client and demanded to know why the client had taken the remote control that operates the clinic's automatic door.
The client asked back why the client would take that remote control and whether the director was certain that the client had taken it, and the director of the oriental medicine clinic, the complainant in this case, filed a theft complaint against the client, saying they should settle it by law.
Accordingly, the client was set to face a police investigation on charges of larceny and sought the assistance of the specialized attorney.
The Client's Requests
The client expressed to the specialized attorney the position that the theft charge in this case was not true and that it was very unjust.
The client requested help so that the suspicion of the crime of larceny could be cleared and the case concluded as quickly as possible.
2. Theft Complaint: Explanation of the Concept of Theft
Larceny, the charge against the client, refers to the crime of stealing property in another person's possession.
If larceny is found, under Article 329 of the Criminal Act it is punishable by imprisonment for up to 6 years or a fine of up to 10 million won.
Larceny Sentencing Guidelines
The Sentencing Commission sets the following sentencing guidelines for larceny.
Mitigated | Basic | Aggravated |
Imprisonment of at least 4 months and up to 10 months | Imprisonment of at least 6 months and up to 1 year and 6 months | Imprisonment of at least 10 months and up to 2 years |
The mitigating and aggravating factors for larceny are as follows.
Mitigating factors | Aggravating factors |
Where it is a subsistence-driven crime Where the offender turned himself in Where the victim does not wish for punishment Where recovery of the damage, including a deposit, has been completed Where the offender shows a sincere attitude of remorse Where there is no prior record of criminal punishment | Where the offender is a habitual offender Where two or more persons jointly committed the crime Where damage was caused during a settlement attempt Where a deadly weapon was carried Where the degree of damage is serious |
If you are suspected of larceny, even if the suspicion is not true, you should seek the assistance of the firm's specialist attorney and set out to defend against punishment.
3. Issues in the Theft Complaint Case
The issues in this case, as analyzed by the attorney, were as follows.
2. Whether evidentiary materials existed
3. Whether the elements of larceny were met
Based on these issues, the attorney prepared a response strategy and responded to the theft complaint as follows.
Accompaniment at the Police Investigation
Based on the content of the consultation with the client, the specialist attorney organized in detail the situation at the time of the incident, the location of the remote control, and the client's movements.
Thereafter, through a preliminary simulation of the police questioning, the attorney refined the content of the responses so that the client could consistently state that he had not possessed or moved the remote control.
On the actual day of the police questioning as well, the specialist attorney accompanied the client and assisted with the entire process of his statement.
Securing On-Site CCTV and Coworker Statements
The attorney collaborated with the evidence investigation center and completed the securing of the CCTV footage inside the oriental medicine clinic.
Through this, the attorney confirmed the loss of the remote control and the client's movement route, and emphasized that the complainant's claims did not match the facts.
In addition, the attorney secured a statement from a coworker and submitted a written statement containing the content regarding whether the remote control was in the client's possession on the day of the incident.
Arguing That the Elements of Larceny Are Not Met
The attorney emphasized that, because there was no fact that the client had taken the remote control, the elements of the crime of larceny were not satisfied.
The attorney argued that, although a scene in which the client briefly operated the remote control was confirmed, it was for the purpose of managing items within the scope of his occupational duties.
Pointing Out the Possibility of a Malicious Complaint
The specialized attorney argued that the conflict arising from the client's pregnancy and the discussion of parental leave was the essential cause of the incident, and that, as an extension of a private emotional dispute, it was a retaliatory complaint using a criminal complaint.
In addition, the attorney submitted in writing an account organizing the course of the case and the facts, and the absence of intent to commit theft, and requested that a non-referral decision be made for the client.
4. Result of the Response to the Theft Complaint Case
As a result of the attorney's assistance in obtaining a non-referral decision for the client, the client received a non-referral decision.
The investigative authorities issued the non-referral decision, finding that the client had no larceny charge.
The Need for Assistance From a Specialized Lawyer
Because larceny, when established, carries the possibility of an actual custodial sentence, the assistance of a specialized attorney must be obtained.
A specialized attorney provides the following assistance in order to bring about a favorable result for the client in a larceny complaint case.
▶Consultation attorney : Reviewing the client's case and conducting the consultation
▶Attorney specializing in criminal cases : Analyzing the issues of the case and establishing a response strategy
▶Evidence investigation center : Lawful collection and analysis of evidence
This firm has branch offices nationwide and provides legal services of the same quality as the main office.
If you have had a larceny complaint filed against you, please find a nearby branch office and proceed with a 🔗legal consultation reservation to prepare a response strategy to protect your daily life.
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.
