Deals & Cases

Larceny / Theft
Larceny / TheftNon-prosecution

Theft Punishment Defense Case | Non-Prosecution for a Client Suspected of Theft

Facing punishment for theft, the client left a store with goods that had not been paid for, was booked for the crime of theft, and sought a criminal defense attorney to mount a legal response.

1. The Client Who Requested a Defense Against Punishment for Theft

The client, who requested a defense against punishment for theft, had been booked on suspicion of stealing goods worth several million won and faced the prospect of an actual custodial sentence. However, through the prompt response of the criminal defense attorney, the client received a non-prosecution disposition and was able to bring the matter to a close.

Circumstances Leading to Involvement in the Theft Case

While shopping at a mart near home, the client paid for some of the goods but left the store in possession of the remaining goods without paying for them.

The client thereafter stole goods worth approximately 4 million won on several occasions and was ultimately arrested in the act.

Feeling at a loss as to how to respond to the punishment for theft, the client requested the assistance of a criminal defense attorney to resolve the matter.

Account of the client who requested a defense against punishment for theft

2. Establishing the Defense Strategy for Punishment for Theft

Details of the defense strategy for the punishment for theft

The principal issues in this case were as follows.

The criminal defense attorney established a response strategy for the punishment for theft and provided assistance based on the following issues.

- Whether the act of taking was acknowledged

- The promptness of restitution and settlement

- First-time offender status and an attitude of remorse

Restitution and Settlement

The criminal defense attorney first provided detailed guidance so that the client could promptly make restitution to the victim, accurately calculating the amount of the theft and preparing the necessary funds.

The attorney then directed the client to calculate the value of all the stolen goods and to make full restitution of the loss, and guided the client to reach an amicable settlement with the victim and to obtain a written settlement agreement.

The original written settlement agreement, payment receipts, and other related evidence were then systematically organized and submitted, providing assistance so that the client's sincere willingness to settle could be clearly confirmed.

Establishing First-Time Offender Status

The client was a first-time offender with no prior criminal record before this case.

The criminal defense attorney carefully prepared and submitted objective materials that could establish this, such as a criminal record certificate and a certified copy of the resident registration.

By setting out in detail the client's ordinarily diligent life, social standing, and family relationships, the attorney provided assistance so that the prosecution could fully understand the fact that the client was a first-time offender.

Emphasizing the Attitude of Remorse

The client acknowledged all of the alleged facts and was deeply remorseful.

Accordingly, the criminal defense attorney directly guided the client in writing a letter of apology so that the client's sincerity could be clearly conveyed, and systematically organized the specific contents of the remorse and a plan to prevent reoffending, appealing for the leniency of a suspension of indictment.

3. The Result of the Theft Punishment Case: ‘Non-Prosecution’

Non-prosecution decision as the result of the theft punishment case

In this theft punishment case, with the assistance of the criminal defense attorney, the client was able to promptly settle with the victim and complete full restitution.

The prosecution accordingly issued a non-prosecution disposition, and the client was able to conclude the matter without any separate criminal punishment.

Non-prosecution refers to a disposition in which the prosecution, after completing its investigation, decides not to institute a public prosecution against the suspect.

FAQ regarding the Crime of Larceny / Theft

Q. If I am facing punishment for theft, how should I respond?

A. In theft cases, the initial response is very important.

It is necessary to organize the circumstances at the time of the incident accurately and to keep a specific record of when, where, and what happened.

In addition, it is important to secure evidence in a systematic manner. Objective materials related to the incident, such as CCTV footage, payment receipts, and witness statements, should be reviewed and organized as soon as possible so that you can clarify your position in any future investigation or trial.

Q. I want to respond to punishment for theft. If I compensate the victim, will my sentence be reduced?

A. Compensation for the harm and a settlement are very important factors in a reduction of sentence, a suspension of indictment, or a non-prosecution decision.

Simply paying an amount of money is not sufficient, and the calculation of the amount of harm, the method of compensation, the drafting of a settlement agreement, and the submission of evidence must be carried out systematically.

In addition, because these are reviewed together with other circumstances, such as whether it is a first offense, the number of offenses, and the attitude of remorse, it is advisable to carry out the compensation and settlement strategically.

4. Elements of Punishment for Theft

The elements of the crime of larceny / theft are as follows.

- Another person's property

- The act of taking

- The intent to unlawfully acquire

Here, the intent to unlawfully acquire refers to the intent to use or dispose of another person's property as if it were one's own.

According to a Supreme Court precedent (Supreme Court Decision 2012Do1132, rendered on July 12, 2012), the court has ruled on the intent to unlawfully acquire as follows.

The intent to unlawfully acquire required for the establishment of the crime of larceny / theft refers to the intent to exclude the rightful owner and to use or dispose of another person's property as if it were one's own, and it does not require an intent to retain the economic benefit of the property permanently. Even where another person's possession is infringed for the purpose of temporary use, if the economic value inherent in the property itself is consumed to a considerable degree through such use, or if the property is possessed for a considerable length of time, or if it is abandoned at a place other than its original location, this cannot be regarded as a case of temporary use, and therefore it cannot be said that there is no intent to acquire.

Level of Punishment

Many people tend to think that the punishment for the crime of larceny / theft is light, but it constitutes a serious crime that is by no means light.

In addition, where theft is committed habitually, the sentence may be aggravated by up to one half of the originally prescribed sentence.

Therefore, if you are facing punishment for theft, it is important to respond promptly from the early stage of the case and to prepare systematic legal measures.

Article 329 of the Criminal Act

Imprisonment for not more than six years or a fine not exceeding 10 million won

Facing Punishment?

A theft case is an offense for which the sentence may be aggravated, as it may be assessed as habitual theft if it is repeated or becomes habitual, even when it involves the simple taking of goods.

In addition, because an improper response during the police investigation or the settlement process with the victim may unnecessarily increase the punishment, the initial response and strategic assistance are very important.

Daeryun Law Firm has many criminal law specialist attorneys registered with the Korean Bar Association.

It provides systematic assistance throughout the entire process of a criminal case, from organizing the direction of statements to accompanying the client during the police investigation, collecting evidence, and proceeding with a settlement with the victim.

In particular, in order to protect the client's rights and minimize the punishment, it establishes a strategy from the early stage of the case and carefully carries out all necessary legal procedures.

If you are facing the risk of punishment for theft, please promptly entrust your case through a 🔗legal consultation reservation.

절도처벌

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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