Key Points in Criminal Complaints, Penalties, and Police Investigation Responses for Foreign Nationals Involved in Voice Phishing

  Recently, there has been a noticeable increase in cases where foreign nationals living in Korea become involved in voice phishing scams.   In many situations, individuals begin working after hearing explanations such as “a short-term job with guaranteed high earnings” or “a simple delivery/transfer task,” only to later find themselves targeted in a criminal fraud complaint and contacted by investigative authorities.   Even if the person did not initially recognize the work as illegal, during the actual police investigation, their actions may be viewed as part of a fraud scheme—making them subject to criminal liability.   An even bigger issue is that the matter often does not end with the criminal process alone. For foreign nationals, once an investigation begins on suspicion of involvement in voice phishing, immigration procedures may be initiated simultaneously, regardless of whether the criminal outcome results in a fine or a suspended sentence.   If someone focuses only on reducing criminal punishment—such as minimizing the risk of imprisonment—while overlooking immigration consequences, it can ultimately undermine their entire foundation for living in Korea.    

Contents

 

1. Foreign Nationals and Voice Phishing: Why Even an Investigation Can Put You at Risk

 

2. Penalty Levels and Key Factors for Reducing Imprisonment

 

3. If You Are Contacted for a Police Investigation: What to Check First

 

4. Criminal Charges and Immigration Status Must Be Handled Together

   

1. Foreign Nationals and Voice Phishing: Why Even an Investigation Can Put You at Risk

  In cases involving foreign nationals and voice phishing, immigration status may be affected even before criminal punishment is finalized, because the structure of the system allows the mere initiation of an investigation to trigger immigration consequences. Once a police investigation begins, the relevant information may be shared with immigration authorities, increasing the likelihood that the case will proceed to an offender review (immigration screening).   At this stage, measures such as visa extension denial, restrictions on stay, or even consideration of forced departure/deportation may be reviewed simultaneously.   In particular, if evidence such as remittance records, mobile phone messages, or bank account usage history is secured, administrative action may be initiated based on circumstances suggesting involvement in voice phishing—even before trial.   In other words, immigration disadvantages may be determined before the outcome of the criminal complaint is even decided. For this reason, in addition to criminal defense aimed at reducing imprisonment, it is also essential to prepare for potential immigration and stay-related risks.    

2. Penalty Levels and Key Factors for Reducing Imprisonment

  In cases involving foreign nationals and voice phishing schemes, the charge most commonly applied is fraud.   The sentencing range for fraud can vary significantly depending on factors such as the amount involved, the number of victims, and whether the person participated as part of an organized group.   Even if someone claims to have acted merely as a courier or “delivery role,” if they are recognized as an accomplice, the possibility of receiving an actual prison sentence after a criminal fraud complaint cannot be ruled out.   That said, not all cases lead to the same outcome. Key factors that often play an important role in determining whether imprisonment can be reduced include:

• Whether the person is a first-time offender
• Whether they actually gained financial benefit
• When they became aware that the activity was criminal
• Their attitude and level of cooperation during the investigation

  The problem is that if these circumstances are not clearly organized and presented from the early stage of the police investigation, they may later be interpreted unfavorably during trial proceedings. This is precisely why early response matters so much in foreign national voice phishing cases.    

3. If You Are Contacted for a Police Investigation: What to Check First

  If you are contacted by investigative authorities in connection with a voice phishing case involving foreign nationals, it is important not to panic and immediately comply with the interview request. Instead, you should first organize your role and circumstances objectively.   In a police investigation, the key issues are not simply what you did, but:

• whether you acted with knowledge of the crime,
• who instructed or recruited you, and
• whether you were involved in the flow of funds.

  For foreign nationals, statements are often recorded in ways that differ from their actual intent due to language barriers and a lack of understanding of the legal system.   Such statements can affect not only whether a criminal fraud complaint proceeds, but also the possibility of reducing imprisonment later on, as well as immigration-related decisions. Therefore, it is essential to review your statement strategy in advance and clarify the structure of the case before attending any police interview.    

4. Criminal Charges and Immigration Status Must Be Handled Together

  Cases involving foreign nationals and voice phishing scams are a representative type in which criminal procedures and immigration procedures proceed simultaneously.   Even if a defendant receives a reduced sentence in the criminal trial, an unfavorable decision in the immigration review may still lead to forced departure/deportation. On the other hand, if the individual fails to sufficiently explain and document their personal circumstances related to stay in Korea, the defense strategy aimed at reducing imprisonment may also lose credibility.   For this reason, focusing solely on responding to the criminal fraud complaint has clear practical limitations. From the police investigation stage, it is essential to develop a strategy that considers both criminal outcomes and the possibility of maintaining lawful stay in Korea.   A foreign national voice phishing case is one in which two goals must be achieved at the same time:

• Reducing criminal punishment, and
• Protecting the right to remain in Korea.

  To accomplish this, it is necessary not only to have experience handling criminal fraud cases, but also to have a system capable of managing the process as one continuous flow—from the police investigation stage through immigration procedures.   At Law Firm Majung, we do not separate criminal cases from immigration matters. We handle them as one integrated case. From the early investigation stage, we organize the direction of statements to secure the possibility of sentence mitigation, while simultaneously preparing separate materials regarding stay-related circumstances to manage immigration risks.   In foreign national voice phishing cases, differences in outcomes are determined by the speed and structure of the response. The reason to choose Majung is our ability to manage this complex process together with you—from beginning to end. Rather than facing the situation alone, we strongly encourage you to respond with the assistance of a legal representative.