Larceny

For larceny to be established, three requirements must be met: theft of another person's property, intent, and the intent of unlawful acquisition.

This is a crime that is established when a person intrudes at night into another person's dwelling, a guarded mansion, structure, vessel, or an occupied room and steals property.

Here, a "dwelling" means a place for living and sleeping, regardless of whether a person is actually residing there, and it includes a mansion or villa in which a person is absent.

"Guarding" means the state of directly keeping watch over property, and it does not necessarily mean being together inside the building.

If an act of theft falls under any one of the following, it is punished as ‘special (aggravated) theft.’

Where a person repeatedly commits acts of theft, it is punished as ‘habitual theft.’

A determination of habitual offending does not rest solely on the existence of prior convictions. If circumstances showing that the person had repeated similar offenses in the past come to light during the investigation following apprehension, the person may be judged a habitual offender.

Theft of general property

Jeonju District Court, Judgment of November 1, 2023, 2023 Godan 1301

Gwangju District Court, Judgment of September 9, 2021, 2021 Godan 2773

There may be a need to promptly secure and analyze CCTV footage from the location where the incident occurred, related witness statements, and materials that can confirm the person's movements or whereabouts.

Such evidence can be used to clear the charge or to prove that there was no intent.

If there are materials that can prove the person did not steal the item, or that can explain that possession resulted from a mistake, they should be organized without fail.

Theft is not a crime not punishable against the victim's will, but a settlement with the victim can have a positive effect on sentencing.

At this stage, an appropriate level of settlement money may be set based on factors such as whether the damaged items are returned and the scale of the loss incurred, and a written settlement agreement may be prepared according to the victim's intent.

It is necessary to systematically organize situational explanations or supporting circumstantial materials that can prove there was no intent.

For example, the person should be able to consistently explain matters such as a record of item usage that can support the claim that it was taken by mistake, and the circumstances in which the misunderstanding arose, and care should be taken to ensure there are no parts that conflict with the content of the initial statement.

If there is no identical prior record, the point that the person is a first-time offender can be emphasized, and a reflective attitude after the incident is also considered significant.

If there is a record of conveying an apology to the victim, or lifestyle changes made to prevent recurrence, it is advisable to organize them.

① Securing evidence

Materials that can prove the act of theft, such as CCTV footage, photographs, and witness statements, should be secured promptly.

② Reporting to the police promptly

You should report the damage promptly by calling 112 or visiting the nearest police station.

③ Organizing a list of the damage

You should objectively organize the type, quantity, and value of the stolen items and actively cooperate with the investigation.

④ Controlling emotions and responding based on facts

Arbitrarily assuming who the offender is or attempting self-help remedies can be legally risky, so caution is warranted.

⑤ Proceeding with the complaint procedure

Theft is not a crime requiring a complaint to prosecute, so an investigation is possible even without a complaint. However, a criminal complaint may be necessary to actively promote the investigation and recover the damage.

It is advisable to carefully organize the circumstances of the incident and then consult a criminal defense attorney to proceed with the complaint procedure.