You may need a consultation if
- You took items from an unstaffed store without paying and the police contacted you
- You left a supermarket without paying for some items and were identified on CCTV
- You are accused of entering a house with an open door at night and taking things
- You did not immediately return a phone or wallet you found on the street or subway
- You spent money sent to you by mistake and were asked to return it
- A family member says they will file a complaint because you took their belongings
Relevant Laws
Criminal Act (형법) Article 329 (Theft)
Stealing another's property is punished by up to 6 years' imprisonment or a fine of up to KRW 10 million. Attempts are also punished (Article 342).
Criminal Act Article 330 (Nighttime Burglary) and Article 331 (Special Theft)
Breaking into a person's residence or a managed building at night and stealing is punished by up to 10 years' imprisonment, with no fine option. Breaking a door or wall at night to enter and steal, or stealing while carrying a weapon or jointly with two or more people, is punished by 1 to 10 years' imprisonment.
Criminal Act Article 360 (Embezzlement of Lost Property)
Keeping property that has left another's possession, such as a lost item, is punished by up to 1 year's imprisonment, a fine of up to KRW 3 million or a petty fine.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
Nighttime burglary has no fine option
For simple theft, a fine can be chosen, but stealing after entering an inhabited home or a managed building at night carries only imprisonment, so it cannot end with a fine through a summary order (약식명령). That is why disputes start with whether you entered after sunset and whether the place was a residence or a managed building.
If the place you entered at night was open to anyone, such as a shop doing business, there may be room to dispute whether it counts as breaking in at all. We check materials showing the time you entered and whether the business was open.
Found items and money that arrived by mistake
Keeping an item the owner lost is not theft but embezzlement of lost property (점유이탈물횡령). However, an item the owner left briefly, such as on a shop table, is considered still in the possession of the owner or the shop, so taking it can be theft.
Spending money sent to you by mistake instead of returning it is treated as embezzlement, not embezzlement of lost property (Supreme Court Decision 2010도891, December 9, 2010). If you also paid with a card you found, fraudulent use of a credit card is a separate issue.
Even for first offenses and small amounts, get the record straight first
Unstaffed store and supermarket cases are mostly identified through CCTV and payment records, so denying facts that are true actually works against you. Check exactly which items, how many times and what amounts, and for what you admit, making up for the harm quickly helps the outcome.
With the amendment on December 31, 2025, theft between family members became a crime that can be prosecuted only on the victim's complaint (Criminal Act Articles 344 and 328). A complaint cannot be filed once 6 months have passed from the day the victim learned who the offender was.
Factors That Affect the Outcome and Sentence
Factors that work against you
- · Broke into a residence at night
- · Repeated it many times (habitual)
- · Carried a weapon or acted with others
- · Sold off the stolen items
- · A previous record for the same offense
Factors that work in your favor
- · A first offense involving a small amount
- · Returned the items or paid compensation
- · Impulsive, spur-of-the-moment circumstances
- · Started treatment for impulse control problems
- · The victim does not want punishment
How Jisan Law's Criminal Law Center Responds
- 1
Consultation with the managing partner
We check what you are accused of taking, when and where, and determine which crime applies.
- 2
Organizing the facts
We match payment records and visit records to separate what to admit from what to dispute.
- 3
Mock questioning and sitting in
We practice in advance for questions about how it happened and your motive, and go into the questioning with you.
- 4
Restitution and written opinion
We gather records of compensation and materials showing remorse and treatment, and submit a written opinion before the decision.
Lawyers handling these cases
Hansol Kim Managing Partner
Former prosecutor at the Incheon District Prosecutors' Office, the Ansan Branch of the Suwon District Prosecutors' Office and the Hongseong Branch of the Daejeon District Prosecutors' Office
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Bonwoo Koo Managing Partner
Economic criminal cases such as Capital Markets Act violations, investment fraud, embezzlement and breach of trust
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Frequently asked questions
I paid for everything. Will I still be punished?
Theft is a crime where the investigation continues even if you pay compensation or the victim does not want punishment. However, for a first offense involving a small amount where the harm has been made up for, the chances of a light outcome such as a suspended indictment (기소유예) increase.
I only picked up a wallet and kept it for a few days.
If you meant to return it to the owner, it is not embezzlement of lost property. Materials showing that intention matter, so organize any records of trying to contact the owner or signs that you meant to hand it in to the police or a lost and found center.
The shop owner is demanding a large sum to settle.
Settling is not mandatory, and the amount is set by looking at the actual loss and circumstances. If the demand is so excessive that settling is difficult, you can also make a criminal deposit (형사공탁) of an amount equal to the loss.