“It was just a simple currency exchange, but even a foreigner was named as a defendant in a civil lawsuit.”
A Chinese student studying abroad received Korean won through an online exchange service, only to find that the account was later identified as part of the remittance route used in a voice phishing case. As a result, the student unexpectedly became a party to a lawsuit.
In fraud cases involving foreigners, even if they were not deeply involved in the actual crime, the mere fact that their account was used often leads to criminal charges. Additionally, they may face disadvantages in immigration status reviews.
When the initial response to such incidents is delayed, unfavorable judgments are more likely. For those wishing to maintain their residency status, the realistic solution is not to respond alone, but to seek help from professionals who can prepare both an explanation of the charges and documentation regarding immigration status.
Contents
1. Fraud Cases Involving Foreigners: Real Examples
2. Voice Phishing by Foreigners – What Penalties Could They Face?
3. Voice Phishing Cases Involving Foreigners – Key Materials to Prepare in the Initial Response
4. From Criminal Sentencing to Residency Defense – Practical Responses Are Essential
1. Fraud Cases Involving Foreigners: Real Examples
A Chinese student studying in Korea, who was also running a cosmetics proxy-purchasing business, once transferred Chinese yuan through an online exchange service and received Korean won into a domestic bank account.
However, that account was later identified as part of the route through which voice phishing victims’ funds had been transferred. As a result, the client came under suspicion of being involved in a foreigner-related voice phishing case and was even designated as a defendant in a civil lawsuit.
The legal representative obtained investigative materials related to the case and clearly established that the client had no direct involvement in the fraud. They also demonstrated that the funds deposited were legitimate earnings generated from the proxy-purchasing business.
In addition, by providing comprehensive explanations regarding the timing of the exchange, the transaction background, and the source of the funds, the attorney emphasized that the client was merely an unwitting victim exploited by the voice phishing scheme.
As a result, the court determined that there was no intent to commit fraud, dismissed the plaintiff’s unjust enrichment claim, and the client was able to conclude the case without any disadvantages in either the criminal or civil proceedings.
2. Voice Phishing by Foreigners – What Penalties Could They Face?
When a foreigner is investigated or prosecuted for voice phishing in Korea, the charge is generally fraud under the Criminal Act, which can result in up to 10 years of imprisonment or a fine of up to 20 million KRW.
However, even if the involvement was limited to a simple deposit or the provision of an account, if similar transactions were repeated or if multiple victims are confirmed, the Act on the Aggravated Punishment of Specific Economic Crimes may also apply. In such cases, the sentencing level can be much higher than ordinary fraud.
The problem is that even minimal involvement does not necessarily lead to light punishment. In foreigner-related voice phishing cases, even those who only played a minor role may still be deemed as “delivery runners” or “collectors” during the investigation stage, which often leads to actual prison sentences.
Recently, schemes have appeared where foreigners are tricked into “short-term part-time jobs,” being asked to deliver cash or goods. Even if they were unaware of the full circumstances, it is still very difficult to avoid punishment.
Prosecutors and police tend to view such acts as direct execution roles within the criminal organization, and in some cases, prison sentences have been imposed without probation.
The issue does not end even after the trial. If a foreigner receives a sentence of imprisonment or higher in a fraud-related case, an additional review is conducted by the Immigration Office. As a result, visa renewal may be denied, or a deportation order may be issued.
Therefore, voice phishing cases involving foreigners should not be approached merely as criminal matters. Since criminal sentencing is directly linked to immigration status, a strategic response from the very beginning is essential.
3. Voice Phishing Cases Involving Foreigners – Key Materials to Prepare in the Initial Response
In many cases, voice phishing cases involving foreigners proceed simultaneously through both criminal procedures and immigration reviews.
From the initial statements given during investigation, to the question of guilt, and later the determination of residency status, everything unfolds sequentially within a single case. Missing the necessary responses at each stage can lead to very different outcomes.
In particular, in fraud cases involving foreigners, every explanation and document submitted during the investigation can affect future visa extension reviews. Therefore, it is not enough to simply focus on avoiding punishment.
An experienced legal representative will:
- Collect and organize evidence helpful for clarifying the charges during the investigation stage,
- Prepare immigration-related documentation in advance to submit to the Immigration Office, and
- Demonstrate the absence of intent using objective circumstances and records,
so that disadvantages can be minimized and the entire case managed strategically.
For cases like foreigner-involved voice phishing, where criminal proceedings and administrative procedures overlap, responding to only one side will not resolve the matter. The safest and most practical approach is to develop a coordinated strategy that addresses both tracks together.
4. From Criminal Sentencing to Residency Defense – Practical Responses Are Essential
Even if a foreigner-involved voice phishing case begins with something as simple as a currency exchange or remittance transaction, as the case proceeds it can affect not only criminal sentencing but also immigration reviews.
In fact, there have been cases where the mere use of a foreigner’s bank account led to escalation into a fraud case, resulting in visa extension denials or even deportation orders.
Our firm adopts a dual-strategy approach that addresses both criminal defense and immigration proceedings in voice phishing cases.
At the initial investigation stage, criminal defense attorneys review statements and evidence. Then, during the immigration review stage, immigration law specialists prepare documentation to explain and justify the client’s residency.
Because we analyze the case holistically, rather than splitting it into separate tracks, we help minimize unnecessary disadvantages and support clients in maintaining their life in Korea.
Since foreigner fraud cases are not a single-track process but a complex structure where criminal records and immigration materials are interconnected, it is crucial to approach them from the outset with a strategy that considers both aspects. This is the key to maintaining stable residency in Korea.
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!
