What Is Embezzlement of Lost Property?
Embezzlement of lost property is the crime of misappropriating lost articles, drifting articles, or property that has left another person's possession.
Punishment for Embezzlement of Lost Property
The punishment for embezzlement of lost property is up to two years of imprisonment, a criminal fine of up to KRW 3 million, or a minor fine.
Elements of Embezzlement of Lost Property
The elements of embezzlement of lost property are:
1. The property is owned by another person and is not in another person's possession
2. There is intent of unlawful appropriation
Intent of Unlawful Appropriation in Embezzlement of Lost Property
The intent of unlawful appropriation in embezzlement of lost property refers to the act of intentionally using and disposing of another person's property as if it were one's own.
Embezzlement in Embezzlement of Lost Property
Embezzlement in the context of this crime means appropriating another person's property that does not belong to anyone's possession.
The difference from embezzlement, however, is that no relationship of trust is required.
Embezzlement of Lost Property and Larceny
Embezzlement of lost property and larceny are very similar in that both involve taking property owned by another person.
The difference depends on whether the property is in another person's possession.
The sentence for embezzlement of lost property is up to one year of imprisonment, a criminal fine of up to KRW 3 million, or a minor fine
while the sentence for larceny is up to six years of imprisonment or a criminal fine of up to KRW 10 million.
Therefore, when someone takes property owned by another person, whether the act constitutes embezzlement of lost property or larceny is extremely important.
Location in Embezzlement of Lost Property
Depending on the location, it may be determined that the property was in another person's possession, in which case the act may constitute larceny.
A mobile phone left behind by the victim at an Internet café was under the possession of the café's manager, so a third party's act of taking it constitutes larceny. Accordingly, the lower court's judgment on this point is proper, and it cannot be said that there was any error in the application of the law concerning larceny.
(Supreme Court Decision 2006Do9338, March 15, 2007)
The driver of an express bus, as the person in charge of the express bus(person in charge), does not possess the belongings of passengers inside the vehicle, and merely holds the authority to receive a lost article forgotten by a passenger after getting off( see Article 10 of the Lost Articles Act). Thus, unless the driver has actually discovered the lost article, he cannot be said to have commenced possession of it, and if, in the meantime, another passenger discovers the lost article and takes it away, this does not amount to larceny but should be regarded as embezzlement of property that has left another's possession.
(Supreme Court Decision 92Do3170, March 16, 1993)
Criminal Law Attorney
A criminal defense attorney can provide assistance with a strategy tailored to the elements and circumstances of the case—such as the intent of unlawful appropriation and another person's possession—in embezzlement of lost property cases.
While embezzlement of lost property can also carry a prison sentence, if the case is recognized as larceny, which carries a higher statutory penalty, it is by no means a minor matter.
It would be best to consult a criminal law attorney about how to respond to your particular situation—for example, methods of arguing that the location did not fall under another person's possession or that there was no intent of unlawful appropriation based on personal circumstances.
