Even minor involvement in a voice phishing case can still lead to a prison sentence.
Did you lend your bank account to a friend or acquaintance as a favor, only to suddenly find yourself accused as an accomplice in a voice phishing crime?
Recently, as voice phishing schemes involving foreign nationals have become a serious social issue, investigative authorities have taken a much stricter approach to cases involving foreigners.
Even mere use of a bank account or acting as a money transfer intermediary can be enough to raise suspicions of involvement. If you fail to clearly demonstrate the absence of intent, a prison sentence may be imposed despite a lack of malicious purpose.
Moreover, the matter does not end with criminal punishment. After the investigation, offender screening by immigration authorities may follow, potentially leading to visa extension denial or even forced deportation, making early-stage response absolutely critical.
This is not an easy situation to handle alone. If you want to clear the charges and protect your immigration status, seeking help from a legal representative who can address both criminal defense and immigration procedures together is the most prudent course of action.
Contents
1. A Case Study: A Bank Account Transaction That Began as a Mistake and Led to Voice Phishing Charges Against a Foreign National
2. How Are the Legal Grounds for Punishment Applied in Voice Phishing Cases Involving Foreigners?
3. What Are the Realistic Ways to Avoid a Prison Sentence?
4. How Can Immigration Status Be Defended During the Offender Review Process?
5. In Cases Involving Foreign Nationals, the “First Response” Is Crucial to Protect Your Right to Stay
1. A Case Study: A Bank Account Transaction That Began as a Mistake and Led to Voice Phishing Charges Against a Foreign National
Student A, an international student in Korea, was continuing his studies while also running an online purchasing agency business for customers in his home country. To convert his earnings into living expenses in Korea, he transferred the funds through an online currency exchange service, and the exchanged Korean won was deposited into his account the following day without any apparent issue.
However, a few days later, A was accused as an accomplice in a voice phishing crime on the grounds that he had received funds originating from a victim’s account. The victim claimed that A’s bank account overlapped with the flow of funds used in the crime, and even proceeded to file a civil lawsuit seeking restitution.
A decided to seek assistance from a legal representative. Through a review of the police investigation records, the circumstances under which A received the funds were objectively organized. Based on the scale of the purchasing agency profits, the transfer process, and the timing of the deposit, the defense explained that the transaction was a legitimate currency exchange, not intentional participation in a crime.
In particular, it was consistently demonstrated that A did not gain any actual benefit, and that any connection to voice phishing arose after the transaction due to external factors, not from prior intent or involvement.
The authorities concluded that mere use of the same bank account was insufficient to establish involvement in a voice phishing crime. As a result, the claim for return of unjust enrichment was dismissed, and no criminal liability was recognized.
2. How Are the Legal Grounds for Punishment Applied in Voice Phishing Cases Involving Foreigners?
When a foreign national becomes involved in a voice phishing case, the applicable charges may vary depending on the conduct, including fraud, aiding and abetting fraud, or violations of the Electronic Financial Transactions Act. Even acts as simple as withdrawing cash or delivering transferred funds can be subject to criminal punishment.
What is important is that even if the individual did not mastermind the crime, the act itself may still constitute a legal offense.
For example:
- Merely receiving funds from a victim’s account and passing them on can result in a sentence of up to 10 years’ imprisonment or a fine of up to 20 million KRW.
- If the amount of criminal proceeds exceeds a certain threshold, the Act on the Aggravated Punishment of Specific Economic Crimes may apply.
- If an organized structure is recognized, charges related to forming or participating in a criminal organization may also be imposed.
In particular, voice phishing cases involving foreign nationals carry a high risk of imprisonment even for minor involvement, and may subsequently proceed to offender screening and forced deportation procedures. Therefore, active and strategic response from the very early stage of the case is essential.
3. What Are the Realistic Ways to Avoid a Prison Sentence?
When you receive a notice to appear from the police or prosecutors, it is not uncommon to panic and let time pass without taking any action. However, the level of punishment is not fixed—it can vary depending on intent, degree of involvement, and the scale of damage.
For example, if:
- It can be shown that you did not actively participate in the voice phishing crime,
- A settlement has been reached with the victim and the victim has expressed that they do not wish for punishment,
- You did not gain any actual financial benefit, and
- There are circumstances such as cooperation with the investigation or voluntary reporting,
then the possibility of sentence reduction or even a non-indictment decision may still be open.
In particular, voice phishing cases involving foreign nationals carry a high risk of imprisonment even for minor roles, and may later proceed to offender screening and forced deportation. Because of this, if you fail to prepare properly from the very early stages, it is easy to miss opportunities that cannot be reversed later.
4. How Can Immigration Status Be Defended During the Offender Review Process?
When a foreign national becomes involved in a voice phishing case, visa extension issues often remain even after the criminal proceedings are concluded.
To continue staying in Korea, one must pass the offender review process conducted by the Immigration Office. Voice phishing is classified as a serious crime, and there are many cases in which a deportation order is issued regardless of whether an actual prison sentence was imposed.
To maintain one’s immigration status at this stage, it is necessary to
① clearly explain personal circumstances and the background of the case, and
② present clear, reviewable criteria that immigration officers can rely on in their assessment.
For example, the following factors are evaluated closely:
- Length of residence in Korea,
- Whether family members or children reside together in Korea,
- Whether there was intentional involvement in the crime, or participation due to a request or coercion by another person,
- Whether a settlement was reached with the victim, and whether a statement of non-punishment was submitted.
Because offender review is a procedure in which the decision on continued stay is often made in a single review, the outcome can vary greatly depending on what evidence and arguments are submitted.
If you wish to remain in Korea, establishing a clear defense logic from the very beginning is critical to protecting your right to stay.
5. In Cases Involving Foreign Nationals, the “First Response” Is Crucial to Protect Your Right to Stay
If a foreign national is criminally charged in connection with a voice phishing case, the consequences can extend far beyond a simple fine, potentially leading to visa extension denial, offender review, deportation, and even a ban on re-entry.
If a brief mistake has placed you at risk of losing your right to stay, how you respond in the next stage can be the key factor that changes the outcome.
We operate a response system that addresses both criminal cases and immigration matters simultaneously, providing concrete strategic planning and procedural support throughout the entire process—from police investigations to court proceedings and offender review.
When there is an allegation of involvement in a voice phishing crime, the final result can vary greatly depending on the direction of your initial response.
If the case is complex or your immigration status is also at stake, do not treat it lightly. Take the time to carefully consider a response strategy that is appropriate for your specific situation.
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!
