Court Rules "Not Guilty" for Taxi Driver Who Demanded Compensation from Passenger Who Left Phone Behind

[Image source=Yonhap News]

[Asia Economy Reporter Donghoon Jeong] A court ruling has determined that a taxi driver cannot be punished for demanding a reward from a passenger who left a mobile phone in the taxi.

On the 23rd, according to the legal community, Judge Nam Shinhyang of the Seoul Central District Court Criminal Division 17 acquitted taxi driver Kim, who was charged with embezzlement of lost property.

In September last year, Kim drove passenger A on a road in Gwanak-gu, Seoul. Passenger A left their mobile phone in the taxi and realized it about an hour later, then called their own phone to retrieve it.

Kim, who answered the call, said he had the phone and expressed his intention to turn on the meter and return the phone. However, when A said they would send a friend to where Kim was, the phone was not returned immediately. Later, during a phone conversation with A, Kim said, "I didn't stop you from coming," and "Surely you won't come empty-handed," leading to a dispute.

A eventually contacted the police and retrieved the phone. Afterwards, the prosecution applied the charge of embezzlement of lost property against Kim, claiming he did not return the phone and intended to keep it, and filed a summary indictment with a fine of 500,000 won.

Kim appealed and requested a formal trial, and the court judged that Kim did not have the intention to illegally take A's phone and acquitted him.

The court stated, "Even if the defendant's remark 'Surely you won't come empty-handed' is interpreted as a demand for a reward without specifying an amount, this alone cannot be inferred as an intention to acquire the property illegally." Furthermore, "Considering that the defendant stated he was holding the phone and did not dispose of it even after hearing that the victim would report to the police, it is difficult to conclude that the defendant did not return the phone with illegal intent."

In fact, Article 4 of the Lost Property Act stipulates that "the person receiving the returned item must pay the finder a reward ranging from 5% to 20% of the item's value."

This content was produced with the assistance of AI translation services.