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I am curious about the level of punishment and the elements of the crime of theft.

Hello. I bought some items at a supermarket, but there was an item I had not paid for, and I was reported for the crime of theft. I failed to pay for it by mistake, and I had no intent, yet I was reported. So, I am curious about the requirements for the crime of theft to be established and the level of punishment. I would be grateful if you could let me know promptly.

theft

Answer to Related Inquiry

Author: 박동일

For the crime of theft to be established, these three requirements must be satisfied: ① the taking of another person's property, ② intent, and ③ the intent to unlawfully acquire.

According to Supreme Court precedent, the intent to unlawfully acquire means the intent to exclude another person's right and to use or dispose of the property as one's own, and it does not necessarily require an intent to permanently obtain economic benefit.

Even in the case of possession for temporary use, when the economic value of the property is considerably consumed, when it is possessed for a long time, or when it is abandoned in a place different from the original one, the intent to unlawfully acquire is deemed to exist.

The level of punishment for the crime of theft is, under Article 329 of the Criminal Act, imprisonment for not more than 6 years or a fine of not more than 10 million won.

If, as in your case, you became involved in a theft case without intent or by mistake, it is important to accurately check the case-related materials and to explain truthfully during the police or prosecution investigation.

Please confirm the details through a consultation with an attorney experienced in criminal cases.