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(Seoul = Yonhap News) Reporter Jeong Seong-jo = The Supreme Court ruled that a person who tricked a store manager into taking someone else’s lost property should be punished for fraud, not theft .
The 3rd Division of the Supreme Court (President Justice Lee Heung-gu) announced on the 11th that it had upheld the lower court’s ruling that Mr. A was acquitted of theft and guilty of fraud in the trial of appeal by Mr A, who was accused of taking someone else’s wallet.
Mr A went to a shop in May last year to buy something and was accused of stealing a wallet that another customer B had lost there.
At that moment, the shop owner took Mr B’s wallet and asked Mr A, who was nearby, “Is this the teacher’s wallet?”
The first and second trials were equally sentenced to a fine of 500,000 won. However, the judgment as to why Mr A was guilty was different.
The first trial found that Mr A was guilty of theft, but the second trial emphasized that fraud, not theft, should apply.
The wallet that Mr B left behind is in the possession of the shop owner. In this case, Mr A acquired the wallet using the owner who mistook him for the owner of the wallet, so it was not theft to obtain property by stealing , but the shop owner, which should be considered a fraud.
The Supreme Court recognized that the judgment of the second trial was correct.
The judge said: “The store owner who bought the wallet was able to return it to the real owner, and therefore had or was able to dispose of it for the victim.” he claimed to be the owner, and through this, the defendant was able to freely dispose of the wallet, which corresponds to the ‘disposition’ referred to in the crime of fraud.
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2023/01/11 06:00 Sent
