Voice phishing crimes have recently emerged as a serious social issue.
Not only in Korea but also overseas, increasingly organized and sophisticated schemes have led to a growing number of innocent people becoming involved in crimes without even realizing it.
In particular, foreign residents who are unfamiliar with the Korean language and legal system may be especially vulnerable to these scams.
Foreign residents who struggle to earn income in Korea are more likely to be tempted by part-time job offers promising high pay, which often serve as bait.
In this process, there is a real risk of becoming involved in voice phishing crimes as a courier, collector, or cash withdrawal agent.
Even if a person becomes involved against their will as a courier, collector, or withdrawal agent, it is often difficult to avoid criminal punishment and offender screening under immigration procedures.
Therefore, if a foreign national becomes involved in a voice phishing case, early and proper legal response is crucial to avoid unjust punishment.
In today’s post, we will provide information about voice phishing cases involving foreign nationals.
Contents
1. Common ways foreign nationals become involved in voice phishing
2. Criminal penalties for involvement in voice phishing crimes
3. Immigration consequences for involvement in voice phishing
4. How to respond if you were deceived into joining a voice phishing organization
1. Common ways foreign nationals become involved in voice phishing
There are cases in which foreign nationals who have difficulty earning income in Korea are tempted with offers promising large sums of money for running just a few errands.
When such seemingly harmless offers are accepted without suspicion, individuals may find themselves—without realizing it—becoming involved in voice phishing crimes as couriers, collectors, or cash withdrawal agents.
Common examples include the following:
(1) Becoming a simple transfer or withdrawal agent
Even if you merely transfer or withdraw money at someone else’s request, if the funds are connected to voice phishing, you may still face punishment for aiding and abetting fraud.
(2) Being deceived through part-time job recruitment
Even when work is accepted through advertisements for “high-paying part-time jobs,” individuals may still be subject to punishment if the actual tasks are connected to voice phishing crimes.
Voice phishing organizations use highly sophisticated and deceptive methods to recruit individuals to act as couriers, collectors, and cash withdrawal agents.
2. Criminal penalties for involvement in voice phishing crimes
In South Korea, voice phishing crimes involving foreign nationals are treated as fraud and are punished severely.
1) Fraud
Fraud (Article 347 of the Criminal Act): Up to 10 years’ imprisonment or a fine of up to KRW 20 million
Anyone who deceives another person and obtains financial benefit is subject to punishment for fraud.
Fraud is punishable by imprisonment for up to 10 years or a fine of up to KRW 20 million.
If the amount of damage is significant, the Aggravated Punishment of Specific Economic Crimes Act may apply.
Aggravated punishment for specific economic crimes
- Gains of KRW 500 million to less than KRW 5 billion: imprisonment for at least 3 years
- Gains of KRW 5 billion or more: life imprisonment or imprisonment for at least 5 years
If the victim’s financial loss from a voice phishing crime meets these thresholds, the punishment can be far more severe than that for ordinary fraud.
2) Other laws and penalties related to voice phishing
In South Korea, voice phishing may be punished not only as fraud, but also under other laws, such as the Electronic Financial Transactions Act or for aiding and abetting fraud.
In practice, the level of punishment is often much harsher than expected.
Additional legal grounds and penalties related to voice phishing
- Simple involvement (couriers, collectors, withdrawal agents, etc.): punished as aiding and abetting fraud or as an accomplice
- Providing a “borrowed-name” bank account: violation of the Electronic Financial Transactions Act, punishable by up to 3 years’ imprisonment or a fine of up to KRW 20 million
- Not directly committing voice phishing but only transferring money: may still be punished for aiding and abetting fraud
Even if a person does not personally carry out voice phishing, the act of transferring money alone can result in criminal punishment.
What begins as a simple part-time job or a small favor can lead to serious criminal penalties, so caution is essential.
3. Immigration consequences for involvement in voice phishing
(1) Deportation
If a foreign national is found guilty of involvement in a voice phishing crime, there is a high likelihood of deportation and a ban on re-entry under the Immigration Control Act.
Criteria for deportation of foreign nationals
- A single fine of KRW 3 million or more
- Cumulative fines exceeding KRW 5 million within five years
- A sentence of imprisonment or heavier, including a suspended sentence
If any of the following apply—① a single fine of KRW 3 million or more, ② cumulative fines exceeding KRW 5 million within five years, or ③ a sentence of imprisonment or heavier—the foreign national may be subject to a deportation order.
Even a single instance of involvement in voice phishing can result in severe criminal punishment, including a fine of KRW 3 million or more.
In addition, if a prison sentence is imposed for fraud related to voice phishing, there is a high possibility that the individual will be deported immediately after completing the sentence.
(2) Ban on Re-entry
Foreign nationals deported for voice phishing crimes are subject to a ban on re-entering South Korea for a certain period of time.
The duration of the re-entry ban varies depending on the severity of the offense. In cases involving serious crimes, there is even a possibility of a permanent ban on re-entry.
As shown above, a single mistake can result in deportation and long-term immigration consequences.
If there are unjust or mitigating circumstances related to a voice phishing case, it is crucial to seek the assistance of a criminal defense attorney experienced in representing foreign nationals to properly present and explain those circumstances.
4. How to respond if you were deceived into joining a voice phishing organization
If you were unaware that the activity was voice phishing or were deceived into becoming involved, it is crucial to respond quickly and appropriately from the very beginning.
(1) Report to the police immediately
If you realize that you were tricked into participating in a voice phishing scheme, it is strongly recommended to report the matter to the police without delay.
Voluntary reporting may be considered a mitigating factor during police investigations and court proceedings.
(2) Secure evidence proving lack of criminal intent
To avoid unjust punishment, it is essential to gather evidence showing that you were not knowingly involved in a voice phishing organization.
This may include:
- Records of conversations with individuals connected to the scheme
- Financial records demonstrating that you were used only as a simple transfer or withdrawal agent
If you were instructed merely to act as a courier, collector, or withdrawal agent, it is important to secure clear evidence proving that you received such instructions and did not act independently.
(3) Retain a lawyer
In criminal cases involving foreign nationals, it can be particularly difficult to prove innocence.
Because many foreign nationals face language barriers and lack familiarity with Korean law, it is advisable to seek assistance from a criminal defense attorney experienced in representing foreign clients.
During police investigations and court proceedings, it is critical to consistently emphasize that you were unaware the activity was related to voice phishing.
Since it can be difficult to establish this on your own, obtaining support from a qualified legal professional is strongly recommended.
Voice phishing organizations are using increasingly sophisticated methods to deceive people, and foreign nationals can easily become involved.
Voice phishing is a dangerous crime that goes beyond simple financial loss—it can turn innocent individuals into serious criminal offenders.
Foreign nationals, in particular, are more vulnerable to high-paying job offers, and many end up becoming perpetrators without realizing it.
Even if you were unknowingly involved in a voice phishing scheme, there is still a risk of criminal punishment.
However, if you can prove that you were merely a minor participant or a victim, it is often possible to prevent unjust criminal penalties or even forced deportation.
Which lawyer should you hire for a criminal case involving a foreign national?
When foreign nationals become involved in criminal cases in Korea, many assume that they simply need to hire a criminal defense lawyer.
Each time we hear this, we find it unfortunate.
This is because criminal cases involving foreign nationals require consideration of multiple legal dimensions.
Beyond criminal punishment, these cases often involve complex immigration issues, including residency status, deportation, visa matters, and bans on re-entry.
Many general criminal defense attorneys do not fully consider a foreign national’s immigration status and residency consequences.
For this reason, it is crucial to retain a criminal defense attorney who specializes in cases involving foreign nationals—someone who can address both the criminal charges and the immigration implications at the same time.
At Law Firm Majung, consultations are conducted jointly by Korean Bar Association–certified criminal defense attorneys and attorneys with former experience in the Immigration Office’s Offender Division.
From criminal defense to deportation response, we help you prepare for everything—simultaneously and strategically.
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!
