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법률칼럼Legal Insight외국인2026. 05. 19

Foreign Nationals Involved in Voice Phishing Scams: When Does It Lead to Criminal Charges?

  Short-Term, High-Paying Jobs — The Easier the Choice, the Greater the Risk   Chasing immediate profits can lead you into situations that are difficult — or impossible — to undo.   More and more cases are emerging where individuals, lured by the promise of quick money through seemingly simple part-time jobs, unknowingly take on roles in voice phishing operations as “collectors” or “withdrawal agents.”   What may seem like a harmless task — delivering or withdrawing money — is in fact direct involvement in the movement of criminal funds.   This can result in much harsher penalties than typical fraud charges, and may also trigger swift administrative consequences, including immigration proceedings.   Furthermore, claiming “I didn’t know” is rarely accepted as a valid defense by investigative agencies or courts.   If your initial statement during the investigation is inaccurate, or if your response to immigration authorities is delayed, a case that could have ended with a simple inquiry may escalate to a criminal conviction or even a deportation order.   Foreign nationals involved in such scams face not only legal investigations, but also complex challenges related to language barriers, visa issues, and immigration history — making it difficult to manage everything alone.   While criminal charges and immigration reviews are separate procedures, they can influence each other.   That’s why it's essential to have support that considers both aspects together and helps you prepare an integrated response strategy.   Doing nothing or delaying your response can lead to serious consequences.    

Contents

 
1. Foreign Nationals Involved in Voice Phishing – What Are the Penalties?
 
2. Can a Fine Alone Lead to Deportation?
 
3. Pakistani International Student Wrongly Accused of Fraud – Civil Lawsuit Dismissed (Real Case)
 
4. Why Legal Representation Is Essential in Voice Phishing Cases Involving Foreign Nationals
   

1. Foreign Nationals Involved in Voice Phishing – What Are the Penalties?

  What may seem like minor involvement at first can actually lead to much heavier penalties than expected.   If a foreign national is implicated in a voice phishing case, they are typically charged with fraud, which is punishable by up to 10 years in prison or a fine of up to 20 million KRW.   If it is proven that the individual physically delivered or withdrew the victim’s money, the Act on the Aggravated Punishment of Specific Economic Crimes may also apply, leading to significantly harsher sentencing.   The larger the amount of damage, the more likely the court is to impose a prison sentence, and even first-time offenders have been handed severe punishments in many cases.   If clear evidence of involvement surfaces early in the investigation, reducing the sentence becomes very difficult.    

2. Can a Fine Alone Lead to Deportation?

  What matters more than what kind of criminal punishment was received is how that punishment is viewed during immigration review.   If a foreign national is convicted of fraud, deportation procedures may be initiated separately from the criminal penalties, depending on the relevant immigration standards.   Even if the level of punishment is relatively low, immigration authorities may base their decision on past records and the fact of conviction itself, meaning that even a single case can have serious consequences.   A fine exceeding 3 million KRW: If the fine exceeds this threshold, even a single offense can make the individual subject to forced deportation.   Total fines exceeding 5 million KRW within 5 years: If multiple fines accumulate within a five-year period, immigration authorities may consider this as part of a pattern of offenses, often leading to deportation measures.   Sentence of imprisonment without labor (suspended or not): Even if the sentence is not actual imprisonment, a prison sentence (including suspended sentences) is considered a serious legal outcome, and can result in forced deportation.   A court ruling alone is not enough to feel safe.   Even if criminal and immigration procedures are handled separately, their outcomes can combine to result in a single, significant disadvantage.    

3. Pakistani International Student Wrongly Accused of Fraud – Civil Lawsuit Dismissed (Real Case)

  The client, a Pakistani national, was an international student enrolled at a university in Korea. While studying, he engaged in a business facilitating the purchase of Korean cosmetics for buyers in his home country, and used part of the earnings in Korea by receiving Korean won through an online currency exchange platform.   However, funds from a voice phishing victim were mistakenly transferred into the account used for the transaction. As a result, the client was wrongly suspected of involvement in criminal activity and became the defendant in a civil lawsuit.   With the assistance of legal counsel, the defense submitted evidence to demonstrate that: A. The client was merely the account holder and had no involvement in any wrongdoing, B. The disputed funds were legitimate proceeds from the cosmetic purchase business, and C. The client had no knowledge that the money originated from a voice phishing scam.   Additionally, through access to the investigation records, the legal team obtained a document confirming that investigators found no evidence of the client’s involvement in any criminal activity, and submitted it to the court.   As a result, the court found that the client had not received any financial benefit from the situation and determined that he was not liable, ultimately dismissing the lawsuit.    

4. Why Legal Representation Is Essential in Voice Phishing Cases Involving Foreign Nationals

  When focusing solely on criminal investigations involving foreign nationals, it's common for immigration measures to be addressed too late.   Voice phishing cases involving foreign nationals don’t end with criminal penalties — their outcomes can directly affect visa and residency reviews. Focusing on only one side of the process can destabilize your entire legal defense.   Here’s why legal representation is essential in fraud cases involving foreign nationals:   A. Organizing Early Statements & Developing a Strategy to Avoid Fines The tone and content of your early statements can influence how the case is perceived. Whether or not a fine is imposed also plays a role in immigration screening, so a thorough understanding of the criminal process is needed to minimize negative consequences.   B. Preparing Separate Administrative Responses Documents such as explanatory letters, supporting evidence, and statements of reasons must be prepared specifically for immigration authorities, using a different format and structure than in criminal defense. Outcomes can vary significantly based on how and when these materials are submitted, so careful handling is crucial.   C. Coordinated Strategy Across Both Legal and Immigration Processes Although criminal and immigration procedures are technically separate, a single incident can affect both domains. For a stable and favorable resolution, you need a strategy that manages both processes together, not in isolation.     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!    

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