Criminal Law Center · Guides by situation

When the police contact you about theft from an unstaffed shop or supermarket

If the police have contacted you about items you did not pay for at an unstaffed shop or supermarket, you have usually already been identified from footage and payment records. Here is the order in which to get the facts straight and compensate the shop.

What to do right away

First you need to know exactly what is at issue. If you talk from memory and guesswork, it may not match the footage.

  • Ask the investigator for the date, place and items at issue
  • Find your payment records for that day in your card app and mobile payment history
  • If you still have the items you took, do not use them; keep them as they are
  • Work out for yourself whether you went to the same shop on other days
  • If the date to appear is difficult, call the investigator to adjust it

If it was a mistake, find evidence of that

If you did not realise a barcode had not scanned at a self-checkout, or thought someone with you had paid, you can argue that you had no intention to steal. Records of paying for other items the same day, an error screen at the checkout and messages with the person you were with support this. However, if the footage shows you hiding something, this argument is hard to accept, and denying it regardless only hurts you.

When the owner demands a settlement

Sometimes the shop demands far more than the value of the goods. Settlement is not mandatory; it is agreed through negotiation based on the loss and the circumstances. Do not get emotional when in contact, and keep it to text messages.

If the demand is so excessive that settlement is difficult, you can make a criminal deposit (형사공탁) of an amount equivalent to the loss. If you sign a settlement agreement, state both the amount received and that the owner does not want you punished.

If the owner asks you to come to the shop to talk or demands a written apology, do not agree an amount there and then; get the terms by text and decide afterwards.

What to be careful about in questioning

In questioning, you will be asked what time you went in, what items you took, why you did not pay and whether you have done this before. Explanations that differ from the footage undermine your credibility, so for anything you are unsure of, say you will answer after checking the records.

If the investigator also asks about other days, first check your payment records for those dates. If you admit everything at once and it turns out to be inaccurate, it is hard to correct.

How the outcome is decided

Theft (절도) is punishable by imprisonment of up to 6 years or a fine of up to 10 million won (Criminal Act (형법) Article 329). For a first offense involving a small amount where the loss has been made good, the case sometimes ends with a suspension of indictment (기소유예) or a fine, but if it was repeated several times at the same shop or you have a criminal record, the outcome is heavier.

If it has been an impulsive, repeated behaviour, records of starting counselling or treatment serve as materials showing your efforts not to reoffend. A suspension of indictment is not a criminal record, but it stays in investigation history records for a set period. If you get a record of the dates and content of your counselling sessions, it can be attached directly to a written opinion.

How Jisan Law helps

A managing partner matches your payment records against the allegation to separate what to admit from what to dispute, and practises questions about the circumstances and motive with you. We attend the questioning with you and, before the decision, submit a written opinion with materials on compensation, remorse and treatment. If you have been contacted and are worried, message us first through the chat on this page.

Not sure how to handle this on your own?

Tell us in the chat what is happening. Our staff replies first and passes your case to the lawyer in charge, who will tell you the next step.

Frequently asked questions

It was only worth a few thousand won. Do I still have to be questioned by the police?

Even for a small amount, once theft is reported, it goes through questioning. However, the amount, the number of times and whether the loss was made good are reflected directly in the outcome, so it is important to get the facts exactly right.

My child, who is a minor, took something from an unstaffed shop.

Children under 14 are not criminally punished, but from age 10, juvenile protection proceedings may be an issue. It is important for the parent to compensate the shop together with the child and show a plan to prevent it happening again.

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