Penalties and Elements of Larceny

larceny, penalties for larceny — larceny

What Is Larceny

Larceny is the crime of stealing another person's property. In countries that place great importance on protecting private property, property rights are protected on a par with human rights, so larceny is classified as a serious crime alongside murder and robbery, which directly harm people. Another person's property refers to property owned and possessed by someone else, and taking or stealing it is wrong both morally and legally.

Types of Larceny

The types of larceny include the following.

① Simple larceny - the act of stealing another person's property, punishable by imprisonment for up to 6 years or a criminal fine of up to KRW 10 million.

② Nighttime residential-trespass larceny - the act of entering a place where people reside at night and stealing another person's property, punishable by imprisonment for up to 10 years, with a 7-year statute of limitations.

③ Special larceny - the act of breaking part of a door, wall, or other structure at night and trespassing into a dwelling, or carrying a deadly weapon, or two or more persons acting jointly to steal another person's property; punishable by imprisonment for at least 1 year and up to 10 years, with a 7-year statute of limitations.

④ Habitual larceny - committing any of the offenses in ① through ③ as a habitual practice; the penalty prescribed for each respective offense is increased by up to one-half.

Acts that constitute larceny include stealing and using someone's resident registration card, taking one or more copies of a free newspaper from a stand, taking money directly from the wallet of a friend who has not repaid a debt, taking money or valuables from an empty house or empty car, and taking an ownerless wallet.

Elements of Larceny

The elements of larceny are stealing another person's property together with the presence of an intent to unlawfully obtain it. Intent to unlawfully obtain refers to the intention to unlawfully acquire another person's property as one's own.

Penalties for Larceny

Under Article 329 (Larceny) of the Korean Criminal Act, a person who steals another's property is punishable by imprisonment for up to 6 years or a criminal fine of up to KRW 10 million.

In the case of special larceny, a person who breaks part of a door, wall, or other structure at night and enters the premises to steal another person's property, or who carries a deadly weapon, or two or more persons acting jointly to steal another person's property, is punishable by imprisonment for at least 1 year and up to 10 years.

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