Misappropriation of Lost Property
If you pick up an item that someone else has lost and, instead of returning it, you use or keep it, you may be punished for misappropriation of lost property (jeomyumul italhoengnyeong-joe), an offense set out in Article 360 of the Korean Criminal Act.
Punishment for Misappropriation of Lost Property
Article 360 provides that anyone who embezzles lost property, drifted articles, or any other property that has left another person's possession shall be punished by imprisonment of up to one year or a criminal fine of up to KRW 3 million. Misappropriation of lost property is the offense of embezzling lost property, drifted articles, buried articles, or any property that has left another person's possession. Put simply, it is the offense that arises when you take something that someone else has lost or left behind.
If a taxi driver sells a mobile phone left behind by a passenger and pockets the profit, that conduct is not larceny but misappropriation of lost property. The drifted and buried articles referred to here include lost property, items drifting in the sea or in rivers and streams, and articles buried underground. These too are classified as property that has left another person's possession.
Likewise, a parcel or piece of mail misdelivered because the address was not written clearly, or an item received by mistake, is also treated as property that has left another person's possession. If you happen to come into possession of such property and fail to return it or report it, instead using it, the offense of misappropriation of lost property is established.
The Difference Between Larceny and Misappropriation of Lost Property
Larceny and misappropriation of lost property differ depending on whether someone is in possession of the item. The possessor here means the owner of the item: if you run off with property while it is still in someone's possession, it is larceny, whereas if you take it after it has left that person's possession, it is misappropriation of lost property.
In short, it refers to taking an item that has no owner present. Larceny is the offense of taking another person's property, and it can be punished by imprisonment of up to six years or a criminal fine of up to KRW 10 million.
Elements of the Offense of Misappropriation of Lost Property
A key element in misappropriation of lost property is the intent to unlawfully acquire the property (bulbeop yeongdeuk uisa). This refers to whether you took the item improperly and with intent. If you are wrongly accused of misappropriation of lost property, it will be important to prove that you had no intent to unlawfully acquire the property.
