Liability for the crime of taking the lost goods in a vehicle by a passenger (=the crime of embezzlement of lost goods by possession)

Since the operator of an express bus is not in possession of the goods of passengers in the vehicle as an official of an express bus, but only has the right to receive the lost goods forgotten for passengers, it cannot be deemed that he/she commenced possession unless he/she finds the lost goods practically. If other passengers find the lost goods and bring them up, it is not a larceny, but a possession constitutes embezzlement of stolen goods.

Articles 329 and 360 of the Criminal Act

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant-appellant-appellee)

Defendant

A co-inspector;

Seoul Criminal Court Decision 92No5190 delivered on October 27, 1992

The appeal is dismissed.

We examine the grounds of appeal.

According to the records, the driver of an express bus is not in possession of the goods of the passengers in the vehicle as a receiver of an express bus, but possession of the lost goods forgotten by the passengers is limited to the right to receive them (see Article 10 of the Lost Articles Act). Thus, unless the lost goods are discovered in reality, it cannot be deemed that the operator commenced possession thereof unless the other passengers discover the lost goods and take them out, and if the other passengers discovered the lost goods and take them out, it shall be deemed that the possession of the lost goods is not a larceny but a case where the lost goods are embezzled.

Therefore, in this regard, the court below did not recognize the theft, which is the primary charge against the defendant, and it is proper to recognize the embezzlement of the stolen object, which is the ancillary charge, and there is no error of law by misapprehending the legal principles on possession in larceny. Therefore, there is no reason to discuss.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Song Man-man (Presiding Justice)