Legal Columns

법률칼럼

다양한 분쟁을 해결할 수 있도록 법무법인 마중에서 법률 정보를 제공합니다.

법률칼럼Legal Insight2026. 05. 19

Defense Strategy Against Forced Deportation of a Foreigner Accused of Being a Voice Phishing Courier

 

Contents

 
1. Recent Voice Phishing Crimes Targeting Foreign Nationals
 
2. How Foreigners Are Wrongfully Implicated
 
3. <Majung Success Story> From Suspected Voice Phishing Courier to Full Exoneration
 
4. Why Early Consultation with a Legal Expert Is Critical
 
5. Why Choose Law Firm Majung
   

1. Recent Voice Phishing Crimes Targeting Foreign Nationals

  Hello, this is Law Firm Majung.   Recently, voice phishing scams targeting foreign nationals in Korea have emerged as a serious social issue.   These crimes have evolved beyond simple phone scams. Increasingly, foreigners are recruited under the guise of part-time jobs to collect or deliver cash, making them unknowingly involved in criminal activities.   In particular, foreign students and residents who are unfamiliar with the Korean language and legal system often find themselves wrongfully accused as accomplices in voice phishing crimes without realizing it.   At this stage, how one responds during the initial investigation—what statements are made and how the circumstances are explained—can significantly affect the outcome, including not only potential criminal punishment but also visa cancellation and forced deportation.   In this article, we will examine a real case in which a foreign national was wrongfully suspected as a voice phishing courier but ultimately cleared of all charges, and explain in detail why early-stage legal defense is critical in voice phishing cases involving foreign nationals.    

2. How Foreigners Are Wrongfully Implicated

  Voice phishing is a serious crime that causes significant financial harm to its victims.   These scams do not end with phone calls alone. They rely on an organized structure in which lower-level roles, such as collecting or delivering cash, are essential to the operation.   Individuals who actually collect or transfer the victims’ money are often subject to severe criminal penalties.   The problem is that foreign nationals are frequently recruited for these roles under the guise of “part-time jobs.”   Scammers approach them easily through social media, online communities, and messaging apps, offering daily wages and disguising the work as simple “errands” or “document delivery.”    

3. <Majung Success Story> From Suspected Voice Phishing Courier to Full Exoneration

  The client was an international student who had been residing in Korea long term, attending a university in Seoul while working part-time.   Because the work involved only simple delivery tasks and all communication with the recruiter took place through messaging apps, the client had no awareness from the outset that the job was connected to voice phishing.   However, a few days later, the client received notice of a police investigation and learned that they were being investigated as a suspected courier in a voice phishing fraud scheme. Faced not only with potential criminal punishment but also concerns over visa renewal and possible forced deportation, the client urgently sought assistance from Majung’s Gwangju-based attorney specializing in foreign nationals.   The core issue of this case was whether the client had intentional and knowing participation in the fraud scheme.   Investigators, relying on repeated deposit and withdrawal records and the victim’s statements, viewed the client’s conduct not as mere delivery but as active involvement at the level of a cash-collection courier.   The victim strongly demanded punishment and had no intention of settlement, and the case had already been referred to the prosecution.   If criminal liability were established, the client would fall under grounds for stay restriction under the Immigration Control Act, potentially resulting in visa denial, cancellation, or a forced deportation order.   Recognizing this matter as a complex case involving both criminal defense and immigration status, Law Firm Majung’s Gwangju foreign national attorney formulated a dual-track strategy.   First, the attorney conducted a detailed analysis of the client’s background and level of awareness, emphasizing that:
  • the client had lived in Korea since childhood and completed elementary, middle, and high school locally;
  • although the client had prior part-time work experience, this job involved non-face-to-face recruitment and messenger-based communication, making suspicion structurally difficult;
  • the job posting was found on a recruitment platform, and even after checking with acquaintances, the client received no warnings suggesting fraud.
  Rather than offering a simple denial, the defense presented a structured and contextual explanation, submitting:
  • message records, bank transaction histories, and summaries of conversations with acquaintances
  • documentation demonstrating the client’s established life and ties in Korea
  • a written statement of reflection and an explanation highlighting the client’s inexperience as a young member of society
  Although settlement with the victim was impossible, the defense submitted a professional legal opinion and extensive supporting materials to the prosecution, persuasively demonstrating the absence of criminal intent and explaining the overall context of the client’s actions.   Ultimately, the prosecution accepted the client’s position and circumstances and issued a decision of no charges (lack of suspicion). As the victim did not file an appeal, the case was conclusively closed.   Had punishment been imposed, the client could have faced visa cancellation or forced deportation regardless of whether the sentence was a fine or imprisonment. By successfully defending against criminal liability at the early stage, however, both criminal punishment and immigration risks were effectively prevented.    

4. Why Early Consultation with a Legal Expert Is Critical

  Cases involving foreign nationals and voice phishing carry a high risk of criminal punishment, but an even greater danger lies in the possibility that a person’s entire basis for lawful stay in Korea can collapse in an instant.   For foreign nationals, receiving a criminal sentence—whether a fine or imprisonment—can result in the loss of immigration status, making these cases particularly serious.   The criteria for issuing a forced deportation order against foreign nationals are as follows:   Standards for Forced Deportation of Foreign Nationals:
  • A single fine of KRW 3 million or more, or
  • A cumulative fine of KRW 5 million or more within five years
  In many cases, repeatedly stating “I didn’t know,” or encountering interpretation issues during the investigation, can lead to statements being recorded in a way that portrays the individual as an active participant, making it extremely difficult to reverse the factual narrative later.   That is why, from the very beginning of a criminal investigation, it is essential to:
  • organize the overall flow of the case,
  • secure and preserve relevant evidence, and
  • structurally explain one’s living foundation and legitimate reasons for stay in Korea.
   

5. Why Choose Law Firm Majung

  At Law Firm Majung, our Gwangju-based attorneys specializing in foreign nationals handle these cases with a structured and strategic approach.
  • Participation by attorneys with prior experience in the Enforcement Division of the Immigration Office
  • Involvement of professionals certified by the Korean Bar Association in immigration and visa law
  • Real-time multilingual interpretation support in English and Chinese
  • Extensive experience handling complex cases involving both criminal defense and immigration law
  Cases involving foreign nationals and voice phishing are not merely disputes over statements. They require a strategy that considers criminal liability and immigration status together.   Even if you have been wrongfully implicated, working with a Gwangju foreign national attorney can change the direction of your case.   If you are seeking a dismissal of charges in a foreign national voice phishing case, contact Law Firm Majung in Gwangju, where you can receive systematic and comprehensive legal support from the very first stage of the investigation.     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   Don’t face the legal system alone. Let Majung fight for you!
     

상담 신청하기