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Fraud and Embezzlement
Busan fraud and embezzlement: the moment money changed hands decides
Failing to repay money does not by itself make fraud; the test is whether the other party was deceived when the money or property was received. The complainant must show the deceptive statements and the money trail, and the accused must document the intent and ability to repay at that time.
Economic crime starts with sorting out complex facts
Failing to repay money does not by itself make fraud. The test is whether the other party was deceived when the money changed hands, so the situation at that time must be rebuilt from contracts and bank records.
If you are the complainant, you need to pursue getting your money back as well as punishment. Park Sang Jun and Moon Ji Yeong, who hold a Criminal Law specialization registered with the Korean Bar Association, handle both complaints and defense.
To consult in Changwon or Seoul: Changwon Office · Seoul Office
How your case proceeds
Consultation
We check how the transaction happened and the flow of money
Organizing documents
We line up contracts and transfer records in time order
Investigation response
We set out the issues in a complaint or a written opinion
Damage recovery
We review settlement, compensation orders and provisional attachment together
Statutory penalties by charge
| Charge | Statutory penalty |
|---|---|
| Fraud | Up to 20 years' imprisonment or a fine of up to KRW 50 million |
| Embezzlement, breach of trust | Up to 5 years' imprisonment or a fine of up to KRW 15 million |
| Occupational embezzlement, occupational breach of trust | Up to 10 years' imprisonment or a fine of up to KRW 30 million |
| Gain of KRW 500 million or more, under KRW 5 billion | Imprisonment for a fixed term of at least 3 years |
| Gain of KRW 5 billion or more | Life imprisonment or at least 5 years' imprisonment |
| Handing over a bank account or card, or lending it for payment | Up to 5 years' imprisonment or a fine of up to KRW 30 million |
Basis: Criminal Act, Articles 347, 355 and 356; Act on the Aggravated Punishment of Specific Economic Crimes, Article 3; Electronic Financial Transactions Act, Article 49(4)
Fraud and Embezzlement Frequently Asked Questions
QI was scammed in a secondhand sale and only know the seller's account number and nickname. Can I file a complaint?
A
You can. A criminal complaint reports a crime and asks for punishment, so it is accepted even if you do not know the other party's name and address, and investigators identify the person from the account and phone number (Criminal Procedure Act, Article 237). Prepare the transfer record, screenshots of the chat, the sale posting and the other party's account, ID and phone number, then file through the National Police Agency's cybercrime reporting system and give your statement as complainant.
QCan I file a complaint over a small scam of a few tens of thousands of won? Do small amounts have to go to civil court only?
A
You can. Fraud (Criminal Act, Article 347) has no minimum loss amount, so a complaint is not barred just because the amount is small. However, the criminal process is for punishment, and getting your money back is a separate path through settlement, an application for a compensation order during trial or a small claims civil suit, so you need to look at both. If you were told at the station that the case is hard to make out, ask whether that is because of the amount or because there is not enough material to show intent to deceive.
QIs it true that if the scammer pays back even part of the money, it is no longer fraud?
A
It is not. Whether fraud is made out is judged by whether there was deception when the money or property was received (Criminal Act, Article 347), and a later partial repayment is a factor considered in the disposition and sentencing, not in whether the crime exists (Criminal Act, Article 51). If you received part of it, state the amount and date received and the remaining loss accurately in your complaint and statement.
QA buyer says an item I sold secondhand was defective and threatens to report me for fraud. Will I be punished?
A
The test is whether you intended to deceive from the start. Not knowing about the defect, reasons for a late delivery, what you disclosed at the time of sale and records of your willingness and attempts to refund are the evidence, and if intent to deceive is not found, fraud is not made out and the refund issue is a civil matter. If a complaint is actually filed you will hear from the police, so keep the chat, the sale posting and proof of shipment, and if you are called for questioning, first line up the transaction records with a Busan fraud lawyer.
QHow does the police investigation proceed after I file a complaint, and how can I follow its progress?
A
After filing, the complainant appears and gives a statement for the record. The police must notify you of progress within 7 days of the day the investigation starts, the day 3 months have passed, and every month after that (Police Investigation Rules, Article 11). If they decide not to send the case to the prosecutor, they send written reasons and information on how to object within 7 days (Criminal Procedure Act, Article 245-6), and once the prosecutor decides whether to indict, the complainant is notified in writing within 7 days (Article 258).
QWhat should I organize before a consultation with a Busan fraud lawyer?
A
The key is material that shows the flow of money in time order. If you are the complainant, bring the chats and contracts containing what the other party said, transfer records and information identifying the other party. If you are accused, bring account balances, income records and records of repayment attempts that show your intent and ability to repay at the time of the transaction, arranged by date. If you already received a summons or notice, bring it too, since it shows the charge and the case number.
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