Recently, Majung received an urgent inquiry regarding a foreign national’s criminal case from an international student. The individual entered Korea on a D-4 visa and is currently enrolled at a university as a regular student.
The student was caught by a store employee while putting merchandise into their pocket at a household goods store, and is now facing criminal charges.
Unfortunately, during the arrest for theft crime, the student assaulted a police officer and attempted to flee, which has led to the possibility of aggravated punishment.
Concerned about the criminal penalties and visa issues the international student may face, a Korean acquaintance urgently requested assistance. Majung assessed the situation as extremely serious and proceeded with an in-depth consultation. It was emphasized that punishment for theft committed by a foreign national is clearly different from that for a Korean citizen.
In the case of foreign nationals, immigration issues such as forced deportation or expulsion orders are intertwined, making the support of an experienced professional absolutely necessary.
Contents
1. Foreign nationals committing theft crime — what is the level of punishment?
2. If a foreign national is involved in a theft-related criminal case(and theft crime itself)
3. How to respond when foreign national committed theft crime
4. Final Words
1. Foreign nationals committing theft crime — what is the level of punishment?
First, let’s take a look at police investigations and punishments related to crimes committed by foreign nationals.
Foreign nationals committing theft — what is the level of punishment?
- Theft crime: Imprisonment of up to 6 years or a fine of up to 10 million Korean won
- Aggravated theft: Imprisonment over a year and be up to 10 years
If a foreign national commits theft and undergoes a police investigation, they may be punished under Article 329 of the Criminal Act with imprisonment of up to 6 years or a fine of up to 10 million Korean won.
Furthermore, if the theft qualifies as “special theft” rather than general theft, the offender may face imprisonment of 1 to 10 years without the option of a fine.
[Criminal Act Article 329]
A person who steals another’s property shall be punished by imprisonment of up to 6 years or a fine of up to 10 million won.
This punishment is applied consistently regardless of whether the offender is a Korean citizen or a foreign national.
However, in the case of foreign nationals, it is necessary to prepare not only for criminal investigation and sentencing, but also for immigration-related consequences, requiring a more meticulous approach.
Next, let’s discuss immigration penalties and the criminal review process for foreign nationals.
If a foreign national is found guilty of a crime and receives criminal punishment, they will undergo a criminal review by the Immigration Office.
In this review, if the decision results in a criminal review for foreigners or a forced deportation order, the individual must leave Korea immediately, which can lead to serious difficulties.
Generally, the criteria for receiving a criminal review or deportation order for foreign nationals involved in criminal cases are as follows:
Criteria for Forced Deportation and Expulsion Orders for Foreign Nationals
- If fine is over 3 million Won
- The total amount of fine exceeds 5 million Won within five years
2. If a foreign national is involved in a theft-related criminal case(and theft crime itself)
If a foreign national becomes involved in a criminal case, the initial response is one of the most critical factors.
It was noted that a foreigner who is unfamiliar with the Korean language and expressions may make mistakes during the first police investigation, which could lead to serious misunderstandings.
Therefore, it was emphasized that it is best to seek the assistance of a lawyer from the beginning and participate in the investigation process with professional support.
The importance of early response in police investigations involving foreign nationals was strongly highlighted. It was also mentioned that for first-time offenders, police investigations can be extremely intimidating. The psychological pressure experienced in the interrogation room is often greater than expected.
If the individual responds to leading questions from the police and says something they didn’t need to, it could result in irreversible and serious consequences.
If you faced police investigation:
- You must show sincere remorse and a deeply reflective attitude
- You should seek legal counsel and prepare a strategic solution
During face-to-face investigations with police officers, how the suspect is perceived can significantly influence the decisions of prosecutors and the court, making a cautious response absolutely essential.
It is advisable to express sincere remorse as much as possible and to prepare systematically with the assistance of legal counsel.
3. How to respond when foreign national committed theft crime
When foreign national committed theft crime
- Attempt to reach a settlement with the victim
- Responding to forced deportation
First, it was emphasized that attempting a settlement is crucial. In particular, trying to reach an agreement with the victim of the theft is extremely important.
If the settlement amount is successfully negotiated and the agreement proceeds smoothly, it may not only reduce the severity of the punishment but also help avoid a deportation order.
When attempting a settlement with the victim, it is strongly recommended to appoint a lawyer with extensive negotiation experience, as legal counsel plays a key role in the process.
Next, it was stated that one must respond to the criminal review and deportation procedures for foreign nationals.
If a deportation order has been issued, it is possible to challenge it through an objection application, a temporary release request from detention, or administrative litigation.
However, these attempts are rarely successful without expert legal assistance, so it is extremely important to act with the support of a qualified attorney.
When responding, the key is to emphasize:
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that the suspect is genuinely remorseful, and
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the circumstances that led to the theft,
in order to seek the most lenient possible outcome.
4. Final Words
Law Firm Majung, which specializes in foreign national cases, conducts consultations in collaboration with criminal law attorneys certified by the Korean Bar Association and legal experts formerly affiliated with the Immigration Office.
From 'criminal reviews for foreign nationals' to 'forced deportation,' the firm provides comprehensive legal counseling for all issues that may arise from theft committed by foreign nationals.
Theft involving foreign nationals cannot be resolved by consulting only a criminal law attorney.
Because criminal cases involving foreign nationals often include deportation orders, it is strongly recommended to seek legal support from a criminal attorney who also specializes in immigration matters.
Foreign Specialized Support at Majung Foreigner Center
Multilingual consultation available in English and Chinese.
Professional interpreters assist from the first consultation to the conclusion of the case.
Offices in Seoul, Daejeon, Busan, Daegu, and Gwangju
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