Scams in Korea: Legal Perspectives

Jul 11, 2024

Scams in Korea: Legal Perspectives

Introduction

  • Presenter: Andrew from Seoul Law Group
  • Focus: Legal perspective on scams in Korea
  • Audience: Expats, travelers, and locals in South Korea

Common Types of Scams in Korea

  • Voice Phishing: Misleading victims into revealing financial info
  • Tax Fraud: Falsifying tax statements to pay less tax
  • Computer Fraud: Using false data or unauthorized editing of data

Legal Definition of Fraud in Korean Law

Requirements to Establish Fraud

  1. Deception: Misleading through false facts or intentional omission of important information
    • Example: Falsely representing financial ability to pay for services
  2. Act of Disposal: Victim willingly disposes of property or legal rights due to deception
    • Example: Paying money or signing contracts
  3. Property/Pecuniary Advantage: Obtaining property or benefits from deception
    • Must belong to another person, not recovery of own property
  4. Intention: Intent to deceive and gain benefits

Types of Fraud and Punishments

Regular Fraud

  • Article 347: Up to 10 years imprisonment or 20 million won fine
    • Example: Forcing someone to defraud others

Computer Fraud

  • Article 347-2: Up to 10 years imprisonment or 20 million won fine
    • Example: Creating a credit card using another's identity without permission

Quasi-Fraud

  • Article 348: Taking advantage of minors or those with mental disorders
    • Up to 10 years imprisonment

Unlawful Use of Facilities

  • Up to 3 years imprisonment, 5 million won fine, detention, or minor fine
    • Example: Using false coins in vending machines

Unjustifiable Profit

  • Abusing someone's desperate situation for profit
    • Up to 3 years imprisonment or 10 million won fine

Steps to Take if Victim of Scam

Civil Case

  • Objective: Recover physical or monetary compensation
  • Process: Plaintiff sues perpetrator
    • Claims loss due to defendant's actions
    • Court decides compensation amount
  • Judges: 1 judge for claims < 100 million won, panel of 3 judges for claims >= 100 million won

Criminal Case

  • Objective: Prosecution by governmental authorities
  • Process: Report to police
    • Police investigate and prosecutor takes case to court
    • Court decides punishment

Hiring an English-Speaking Lawyer

  • Why: Navigate the complex Korean legal system
    • Essential for those not fluent in Korean
  • Seoul Law Group: Specialized in working with foreigners, ensuring quality representation

Conclusion

  • Recommendations: Contact an English-speaking lawyer if you face fraud
  • Engagement: Find more info on seoullawgroup.com and engage with their content on social media

Thank you for watching!

Full transcript