Other Criminal Law

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Penalties and Elements of 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 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 dwelling 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 - breaking part of a door, wall, or other structure at night and trespassing, or...

Other Criminal Law

Misappropriation of Lost Property: Punishment and Elements of the Offense

If you pick up an item 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) under 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. This offense covers the embezzlement of 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 are lost property..

Other Criminal Law