For foreigners involved in voice phishing fraud, deportation is far more serious than fines or criminal punishment.

  These days, more and more foreigners are being investigated after becoming involved in voice phishing cases, having started part-time jobs that promised high earnings.   At first, it may seem like a simple errand, but during an actual investigation, it is not uncommon to be treated as an accomplice to fraud and face criminal punishment.   The problem doesn’t end there. For foreigners, even after receiving a fine or suspended sentence for voice phishing, the immigration office conducts a disciplinary review, which can result in deportation depending on the outcome.   In particular, simply claiming “I didn’t know it was illegal” is unlikely to prevent disadvantages, and even those who played a minor role as couriers can find their visa status in serious jeopardy.   The real issue is not just the fine — it’s the collapse of the foundation for living in Korea.   Because criminal investigation and immigration procedures proceed simultaneously, it’s very difficult to handle the situation alone. That’s why it’s important to seek help from a legal professional experienced in both criminal defense and immigration matters.    

Contents

 

1. Why can voice phishing lead to more serious consequences for foreigners?

 

2. How do fines and sentences for voice phishing differ when applied to foreigners?

 

3. If you’ve been contacted by investigative authorities over voice phishing allegations, what should you do first?

 

4. There are practical ways to prevent both criminal punishment and deportation.

   

1. Why can voice phishing lead to more serious consequences for foreigners?

  Voice phishing cases involving foreigners can affect their immigration status even if no criminal sentence has been finalized yet.   From the moment a foreigner starts being investigated by the police, it becomes highly likely that the immigration office will be notified for a disciplinary review. As a result, visa renewal may be denied, or deportation procedures may begin.   Even if the case is still under trial, if the investigative authorities interpret remittance records, phone messages, or bank transactions as evidence suggesting involvement in voice phishing, the Immigration Office can independently impose administrative penalties.   These immigration proceedings are carried out separately from the criminal process, meaning disadvantages to one’s stay in Korea can be decided much sooner than the criminal judgment.   Moreover, even if a “no-suspicion” (innocent) decision is later made, the immigration review that has already begun does not automatically end or get reversed.   Therefore, focusing only on reducing fines or criminal penalties for voice phishing is not enough — preparation to respond to possible deportation procedures must be made at the same time in order to truly protect your right to stay in Korea.    

2. How do fines and sentences for voice phishing differ when applied to foreigners?

  Even minimal involvement in a voice phishing case can result in severe punishment for foreigners, as it is prosecuted under fraud charges.   If someone deceives others to gain money or property, they may face up to 10 years in prison or a fine of up to 20 million KRW under Article 347 of the Korean Criminal Act.   The larger the amount of money involved or the greater the number of victims, the higher the chance of imprisonment, while fines are granted only in exceptional cases.   Even simply delivering cash or providing a bank account can be interpreted as participating in a criminal organization, leading to a prison sentence.   When additional charges such as personal information leakage or illegal remittance are added, even first-time offenders may receive a prison sentence without probation.   Many foreigners claim, “I didn’t know it was illegal,” but investigators focus on key factors such as:

• The moment they became aware of the crime,
• Their relationship with the person giving instructions, and
• The method and circumstances of money delivery.

  If these details are not clearly explained at the beginning of questioning, it can negatively affect the entire trial process.   Having understood the standards for voice phishing fines and criminal penalties, let’s now look at how to respond effectively during an actual investigation.    

3. If you’ve been contacted by investigative authorities over voice phishing allegations, what should you do first?

  If you are contacted by investigative authorities regarding a voice phishing case involving foreigners, the first thing you should do is calmly and objectively assess your situation, rather than panicking or rushing to cooperate with the investigation.   In voice phishing cases, even seemingly minor actions — such as sending or delivering money — can be interpreted as participation in fraud. Statements made during the initial investigation can directly influence decisions on arrest, indictment, and even immigration status reviews.   If you are classified as a cash collector, account holder, or provider of a bank account, investigators will focus on your role within the criminal structure. At that point, key questions include:

• Did you know what you were doing was illegal?
• Whose instructions were you following?
• How was the flow of money connected?

  Because of language barriers and limited understanding of Korean legal procedures, many foreigners end up making statements that may harm their case.   Therefore, before appearing for questioning, it is crucial to organize the sequence of events and consult with a legal representative experienced in criminal defense to determine the appropriate approach to your statement.   At this stage, you should not only focus on the fine or criminal penalty for voice phishing but also take a realistic and strategic approach to protect your ability to continue living in Korea.    

4. There are practical ways to prevent both criminal punishment and deportation.

  A voice phishing case involving a foreigner does not end with criminal punishment for fraud alone. Regardless of the investigation’s outcome, immigration authorities may simultaneously begin deportation procedures, which means a single-track response is not enough.   Our team has established a dual-response system tailored to this reality. A criminal law specialist, certified by the Korean Bar Association, organizes and prepares statements from the investigation stage, while an immigration law specialist separately prepares the necessary documents and explanations to help maintain your legal stay in Korea.   By responding separately to both the criminal investigation and immigration procedures, while still managing the overall process together, we can go beyond simply reducing penalties or fines — and instead focus on practically safeguarding your right to remain in Korea.   Saying “I didn’t know it was illegal” will not change the outcome. If you are involved in a voice phishing case as a foreigner, the first step is not merely trying to reduce punishment, but understanding your actual role in the case and what actions are necessary to protect your visa status.   The sooner you make that judgment and take action, the more stable and favorable your result is likely to be.