Voice Phishing Cases Involving Foreign Nationals

How Foreigners Become Entangled in Voice Phishing Crimes

Recently, voice phishing organizations have been struggling to recruit Koreans to participate in their criminal activities. As a result, they have begun targeting foreign nationals, who are often unfamiliar with Korean laws and culture, as tools for their crimes.

These criminal organizations approach foreigners through social media platforms like Telegram and WeChat, using advertisements with phrases such as "No Korean language skills required" and "Undocumented immigrants welcome." They then deceive individuals into participating in criminal activities by disguising them as legitimate jobs like "document delivery" or "cryptocurrency transaction assistance."

Investigation and Punishment of Voice Phishing Crimes Involving Foreigners

In most cases, foreign nationals involved in voice phishing crimes are arrested on the spot as flagrant offenders and are investigated and tried while in custody. This is due to the high perceived risk of evidence destruction and flight.

If you have been unjustly implicated in a crime, it is crucial to seek the assistance of an attorney from the very beginning of the investigation. By doing so, you can assert your innocence during the pre-arrest suspect interrogation and potentially avoid detention. Once a court orders detention, it becomes very difficult to secure an early release.

The excuse "I didn't know it was a voice phishing crime" is rarely enough to clear you of charges.

Voice phishing crimes are not treated as simple fraud under the general Criminal Act but are subject to aggravated punishment under the Special Act on the Prevention of Damage from Telecommunications Financial Fraud and Refund of Damage Amount.

While general fraud carries a statutory penalty of up to 10 years in prison or a fine of up to 20 million KRW, a violation of the Special Act can result in imprisonment for one year or more, which may be imposed concurrently with a fine equivalent to three to five times the proceeds of the crime.

It is important to be aware that even a single instance of involvement in a voice phishing crime can lead to a lengthy prison sentence.

Major Success Stories

Yeohae Law Firm has a proven track record of successfully defending foreign nationals in various voice phishing cases. Below, we introduce some of our successful cases to illustrate the legal issues we focused on and the results we achieved. (These cases are adapted from actual client cases for illustrative purposes.)

Case 1: Mr. A, Employed by a Distribution Company – Acquitted

Mr. A, a Russian national, entered Korea on a K-ETA and applied for a job advertised on Telegram as a "delivery person for a distribution company." The criminal organization instructed Mr. A to purchase blank SIM cards at Daiso and deliver them to a designated location. While making the delivery, he was arrested by police who were lying in wait. Mr. A was detained and indicted for violating the Telecommunications Business Act by providing communication means to a voice phishing organization. The legal team at Yeohae Law Firm proved that Mr. A did not know what he was purchasing and that the items were not used in any crime, resulting in his acquittal.

Case 2: Mr. B, Hired as a Game Item Trading Server Manager – Reduced Sentence

Mr. B, a Russian national, entered Korea on a K-ETA and responded to a Telegram advertisement for a "game item trading server manager with accommodation provided." The criminal organization told him, "We are a Chinese company and want to set up an item trading server in Korea for our Korean users. You will rent a house to live in and manage the server." Mr. B rented a house and installed and managed a relay device as instructed by the criminal organization, after which he was arrested by the police at his home. He was detained and indicted for violating the Telecommunications Business Act. Considering the charges and the relay device and USIM cards seized at the scene, the Yeohae Law Firm legal team determined that an acquittal would be difficult and focused on reducing the sentence. While other accomplices who performed similar tasks received multi-year prison sentences, Mr. B, represented by our firm, was sentenced to eight months in prison and was able to return home sooner.

Case 3: Ms. C, Employed by the Korean Branch of a Singaporean Furniture Company – Charges Dismissed

Ms. C, a Vietnamese student, saw a Facebook ad for a "position at the Korean branch of a Singaporean furniture company, involving collecting payments from customers who have difficulty with overseas remittances." The criminal organization instructed her, "An elderly woman has purchased furniture and is having trouble with an overseas transfer. Please visit her, collect the payment, and send it to us." Ms. C went to the address provided, collected the payment from the woman, and was later arrested by the police at her home. The Yeohae Law Firm legal team immediately participated in the police investigation and actively argued that Ms. C believed she was working for a legitimate company and had exercised due diligence throughout the employment and payment collection process. The prosecution decided there were no grounds for charges and did not indict her.

Case 4: Mr. D, Hired as a Cryptocurrency Exchange Employee – Probation

Mr. D, a Kazakhstani national, entered Korea on a K-ETA and applied for a job advertised on Telegram as "delivering funds for cryptocurrency purchases." The criminal organization instructed him, "People who want to buy cryptocurrency will give you money. You are to receive it and pass it on." Following their instructions, Mr. D met with a person who appeared to be a cryptocurrency buyer, received money, and delivered it. He was later arrested by the police at his home. Mr. D was detained and indicted for violating the Special Act on the Prevention of Damage from Telecommunications Financial Fraud for acting as an accomplice to a voice phishing organization. The Yeohae Law Firm legal team actively explained to the court the circumstances that led Mr. D to believe the money was for a cryptocurrency payment, the fact that he was also paid in cryptocurrency, and that he did not conceal his identity. Although the court did not accept the plea of not guilty, it sentenced Mr. D to one year in prison with a two-year probation instead of actual imprisonment. The prosecutor did not appeal, and Mr. D was able to return to his home country quickly.

Yeohae Law Firm – Specialists in Foreigners’ Cases

YeoHae Law Firm has an experienced team of criminal defense lawyers who have successfully handled many criminal cases for foreign clients.

We provide one-stop legal services from the police investigation stage to the trial and immigration response, which is crucial in traffic accident criminal cases.

In particular, we provide language support services through professional interpreters in English, Chinese, Russian, Vietnamese, and other languages to solve communication problems for foreign clients.
Clients can fully explain their cases and receive advice in their own language, and legal documents and statements are accurately translated and interpreted.

YeoHae Law Firm has successfully defended various traffic criminal cases such as alien drunk driving cases, alien driving without a license, alien retaliatory driving, and alien traffic fatality cases, resulting in reduced fines, probationary sentences, and deferred prosecution.

With our understanding of the immigration process, we are also committed to defending your status of residence so that you can continue to live in Korea even after the criminal case is concluded.
From the initial consultation to the conclusion of your case, you will be assigned a dedicated attorney to keep you informed of the progress of your case, and we will continue to communicate with you via email and video conferencing, even if you have temporarily returned to Korea.

We will be your reliable legal partner with a wealth of know-how to ensure that you are not unfairly penalized for being a foreigner.

Discover over 10 years of proven success across a wide range of cases.

Frequently Asked Questions (FAQ)

Q. A family member was suddenly arrested in Korea on suspicion of being a cash courier for a voice phishing scam. What is the first thing I should do?

A. This is undoubtedly a very shocking and difficult situation, but it is important to remain calm. The most urgent and critical first step is to hire an experienced attorney immediately. An attorney can quickly meet with your arrested family member to provide psychological stability and protect them from making incriminating statements during the investigation. How the case is handled during the "golden time" of the initial police investigation can have a decisive impact on the entire outcome of the trial.

Q. I just thought it was a part-time job and only delivered the money. Can I still be punished?

A. Yes, unfortunately, there is a very high probability that you will be punished. Voice phishing organizations often deceive foreigners into participating in their crimes by making them appear to be legitimate part-time jobs; this is a classic tactic. Even if you were not aware of the full extent of the crime, investigative agencies and courts often find "willful blindness" (dolus eventualis) and issue a guilty verdict, reasoning that the abnormally high pay or unusual nature of the work should have made you suspicious that it was illegal. Therefore, rather than simply claiming "I didn't know," you must proactively prove why you had no reason to suspect it was a crime, using objective evidence from the hiring process, work instructions, and so on, to have a chance at acquittal or a reduced sentence.

Q. If a foreign national is convicted of voice phishing in Korea, what is the likely punishment?

A. The Korean judicial system treats voice phishing as a very serious crime, and the penalties are severe. In many cases, defendants are charged under the stricter 「Special Act on the Prevention of Damage from Telecommunications Financial Fraud and Refund of Damage Amount」 rather than the general fraud statute of the Criminal Act. This special law prescribes a minimum sentence of at least one year in prison, making it difficult to escape with just a fine. Even those who played a minor role can be sentenced to several years in prison.

Q. If I serve a prison sentence, can I continue to live in Korea after my release? Will I be deported?

A. According to the Korean Immigration Control Act, any foreign national who is sentenced to imprisonment or a more severe punishment and is released from prison becomes subject to deportation. The legal team at Yeohae Law Firm strives to obtain a sentence that will allow our clients to avoid deportation.

Q. I was told it was a part-time job assisting with cryptocurrency purchases. Is this also related to voice phishing?

A. Yes, this is one of the most common methods used by voice phishing organizations for money laundering recently. The scheme involves giving cash stolen from victims to a courier to purchase cryptocurrency, which is then transferred to overseas e-wallets that are difficult to trace. Foreign students and job seekers can easily mistake this for a legitimate financial service, but it is, in fact, participation in the core process of concealing criminal proceeds. Investigative agencies strictly punish such acts on charges of aiding and abetting fraud, so extreme caution is required.

Q. Will I be deported if I am convicted? Who decides on deportation and how?

A. A guilty verdict does not automatically mean 100% deportation, but the possibility should be considered very high. According to the Immigration Control Act of the Republic of Korea, if a foreign national is sentenced to imprisonment or a more severe punishment and serves the sentence, the Minister of Justice can order their deportation. In practice, after a sentence is finalized and an individual serves their prison term (not probation), the correctional authorities often hand them over directly to the immigration office to begin the repatriation process. In cases of probation or a fine, immediate deportation is less likely; instead, immigration authorities review the individual case to decide on deportation. This involves an immigration review committee that examines the nature of the crime, the social risk posed, the individual's life in Korea, and other factors.

If [the circumstances are favorable], the outcome may be a less severe measure, such as a departure order or voluntary departure within a certain period, instead of forcible deportation. At the immigration review stage, the attorneys at Yeohae Law Firm actively argue [mitigating factors] to achieve the best possible outcome, such as a suspension of deportation or a reduction in the entry ban period. In summary, while the criminal trial and the immigration disposition are separate processes, they influence each other. Therefore, it is safest to pursue a deportation defense strategy in parallel with the criminal defense from the very beginning.

Q. My family member has been arrested. Would it be helpful to contact their embassy?

A. Yes, it is a good idea to contact your home country's embassy. Under the Vienna Convention on Consular Relations, a detained foreign national has the right to request that their country's embassy be notified of their arrest. The embassy can assist with communication with family and provide consular assistance. However, the embassy cannot provide legal representation in a criminal trial, so it is essential to hire a Korean attorney to handle the criminal case itself.

Q. My arrested family member does not speak any Korean. How can they be investigated and stand trial?

A. At Yeohae Law Firm, we provide professional interpretation support services. Our firm has interpreters who can communicate in our clients' native languages, including English, Vietnamese, Thai, and Russian, ensuring that clients can accurately convey their position and fully understand the legal documents and procedures in Korean. The attorney and interpreter work as a team, meticulously conveying every detail of statements during the investigation and the nuances of legal arguments in court. This minimizes communication barriers and allows clients to exercise their right to defense with a clear understanding of the progress of their case.

Nationwide Legal Support

We are equipped to handle cases at police departments, prosecutors’ offices, courts, and immigration offices across the country. With litigation expertise in nearly 30 courts nationwide, we also offer convenient online consultations—no in-person visits required.

Outstanding Attorney Award by the Korean Bar Association

Yeohae Law Firm (led by Representative Attorney Kim Pyoungho) has been honored with the Outstanding Attorney Award by the Korean Bar Association for exemplary advocacy, among other merits.

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