Busan Criminal Litigation Attorney | Client Involved in Misappropriation of Lost Property, Suspension of Indictment

The client, who lives in Busan, found a wallet lying on one side of the sidewalk while walking down the street.

The wallet contained cash and several cards, as well as an identification card that could identify the owner.

The client initially intended to report it to the police station to help find the owner, but over time, amid a busy daily routine, forgot about it.

The owner of the wallet concluded that the client's delay in returning it reflected an intention to keep the wallet and filed a criminal complaint for misappropriation of lost property, and the client became subject to police investigation.

Misappropriation of lost property is a crime provided for under Article 360 of the Criminal Act and refers to arbitrarily misappropriating property that has left another person's possession.

In other words, it is a crime committed when a person finds property that clearly has an owner and, instead of returning it, takes ownership of it or sells, or lends it to another.

When this offense is committed, a person may be punished by imprisonment of up to one year or a fine of up to 3 million won.

Misappropriation of lost property is similar to larceny, but larceny involves taking property in the possession of another, whereas misappropriation of lost property differs in that it involves not returning property found while no one possesses it.

The requirements for misappropriation of lost property are as follows.

Through thorough consultation with the client, the Busan criminal litigation attorney first closely identified the circumstances of the case.

After identifying the circumstances of the case, the attorney built a thorough pleading strategy centered on the point that misappropriation of lost property is not constituted if it is deemed that there was no intent of unlawful acquisition.

First, citing as evidence the records noting the date, time, and place where the client found the wallet, the Busan criminal litigation attorney emphasized that the client had merely kept the wallet and had not used or attempted to dispose of it at all.

This became an important basis for proving that there was no ‘intent of unlawful acquisition,’ which is a core element of misappropriation of lost property.

During the investigation, the client showed deep remorse, immediately returned the wallet, and conveyed a sincere apology to the victim.

On this basis, the Busan criminal litigation attorney emphasized that the client was genuinely remorseful and that a similar situation would never occur again.

Having reached an amicable settlement, the attorney also conveyed to the prosecution that the victim did not wish for punishment.

Finally, the attorney actively argued that the client was a first-time offender with no record of criminal punishment and had led a diligent life in society as well.