High-paying short-term jobs may seem tempting, but the easier they appear, the greater the potential risk.
Chasing immediate profits can lead to situations that are difficult—or even impossible—to undo.
There have been ongoing cases where individuals, drawn in by the promise of quick and easy money, apply for what appears to be simple part-time work, only to end up playing the role of a "collector" or "money mule" for phishing (scam) organizations.
What may initially seem like harmless delivery or withdrawal tasks is, in fact, considered direct involvement in the movement of criminal funds. The resulting penalties are significantly more severe than those for ordinary fraud, and administrative actions may follow quickly, depending on the case.
Furthermore, claiming “I didn’t know” is rarely accepted as a valid excuse by investigators or the courts.
If your initial statements during the investigation are inaccurate or if your response related to immigration matters is delayed, a case that might have ended with a simple inquiry could escalate to a criminal conviction or even a deportation order.
Cases involving foreign nationals and fraud rarely end with just the investigation. Factors such as language barriers, visa status, and immigration history come into play, making the situation especially difficult to handle alone for someone without Korean citizenship.
Contents
1. What is the level of punishment for foreign nationals involved in phishing?
2. Can deportation be enforced even with just a fine?
3. Pakistani international student falsely accused of fraud — civil lawsuit dismissed <Real Case>
4. Why is legal representation essential in foreign national's phishing cases?
5. Final words
1. What is the level of punishment for foreign nationals involved in phishing?
At first, the involvement may seem minor, but the punishment can be far more severe than expected.
If a foreign national is implicated in a voice phishing case, it is generally prosecuted under fraud charges, which carry a penalty of up to 10 years in prison or a fine of up to 20 million KRW.
If it is proven that the person actually delivered or withdrew the stolen funds, the Act on the Aggravated Punishment of Specific Economic Crimes may also apply, significantly increasing the potential sentence.
The larger the amount of damage, the more likely the court is to issue a prison sentence, and there are many cases where even first-time offenders have received harsh penalties.
If clear evidence of involvement emerges early in the investigation, leniency in sentencing becomes highly unlikely.
2. Can deportation be enforced even with just a fine?
What matters more than the type of criminal punishment received is how that punishment is interpreted during immigration screening.
When a foreign national is convicted of fraud, deportation procedures may be initiated separately from the criminal sentence, depending on the applicable immigration regulations.
Even if the legal punishment is relatively light, immigration authorities evaluate based on criminal records and conviction status, meaning even a single offense can have serious consequences.
Fines of 3 million KRW or more: If the fine exceeds this threshold, even one case can make the individual subject to deportation.
Cumulative fines exceeding 5 million KRW within 5 years: Repeated fines within a 5-year span may be considered part of a broader criminal history, often resulting in deportation.
Sentences of imprisonment without suspension (including confinement): Even without a prison term, a sentence of confinement is considered a serious penalty and can lead to deportation.
A court ruling alone is not enough to guarantee safety from immigration consequences.
Even if criminal punishment and administrative procedures are handled separately, they can ultimately result in a single, serious disadvantage for the individual.
3. Pakistani international student falsely accused of fraud — civil lawsuit dismissed <Real Case>
The client, a Pakistani national studying at a university in Korea, was working as a purchasing agent for Korean cosmetics in his home country. To use part of the profits earned from that business while in Korea, he received Korean won through an online currency exchange service.
However, money mistakenly transferred by a voice phishing victim was deposited into the account used for that transaction. As a result, the client was misunderstood to be involved in the crime and became the defendant in a civil lawsuit.
With the help of legal representation, the following points were clearly explained and submitted to the court:
The client was merely the registered holder of the account and not involved in any criminal act;
The amount in question was part of legitimate earnings from his purchasing business;
He was unaware that the funds involved were linked to a fraud case.
In addition, the legal team reviewed the investigation records and submitted official documentation from the investigative authorities confirming that no evidence suggested the client’s involvement in the crime.
As a result, the court determined that the client had not profited from the incident and held no liability, ultimately dismissing the lawsuit.
4. Why is legal representation essential in foreign national's phishing cases?
When focusing on criminal investigations involving foreign nationals, immigration measures are often addressed too late.
Voice phishing cases involving foreigners don’t end with criminal penalties alone — the outcome can have a direct impact on immigration status. If attention is paid to only one side of the process, it can throw off the balance of the overall legal response.
Here’s why legal representation is crucial in foreign national fraud cases:
1. Organizing initial statements and building a fine-reduction strategy
The tone and direction of early statements can affect how the case is interpreted, and whether a fine is imposed — which in turn affects immigration reviews. A solid understanding of the entire criminal process is essential to minimize legal risks.
2. Preparing separate administrative responses beyond the criminal case
Documents such as explanatory statements, supporting evidence, and personal appeals must be prepared specifically for immigration authorities. These differ in structure and tone from criminal defense materials, and the timing and wording of submission can significantly influence the outcome — making a careful approach essential.
3. Strategic coordination between criminal and immigration procedures
While criminal and immigration processes are technically separate, a single incident often impacts both domains. To resolve the situation stably, a strategy that coordinates both legal tracks together is necessary.
5. Final words
A. How does a legal representative with immigration enforcement experience respond?
From the early stages of a foreign national fraud case, they consider not only the potential for visa retention but also whether deportation may be reviewed. They help systematically prepare evidence and explanatory strategies aligned with both legal and immigration standards.
B. What is the defense strategy of a criminal law specialist?
In foreign national voice phishing cases, they work to ensure that the individual’s role is not exaggerated, preventing unfair judgments. They also help ensure that favorable factors—such as a remorseful attitude or efforts to prevent reoffending—are strategically presented and reflected in the ruling. From investigation through to trial, they maintain a consistent direction in statements to build a coherent defense.
While criminal verdicts and immigration reviews are separate processes, for foreign nationals, both are critical issues. Handling both properly is key to concluding the case successfully.
Thank you.
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
Don’t face the legal system alone. Let Majung fight for you!
