Being scammed or falling into a trap by fraudsters or scammers is one of the biggest nightmares for anyone. Unfortunately, it can happen to the best of us, but what you do afterwards is what sets you apart from others.
You can take legal action against your perpetrator in Korea and your case would either fall under the category of a civil case and/or a criminal case depending on the matter. In most cases, we believe it is advisable to file a civil and criminal case. For another article on scams in Korea, please see: Check Kiting Scam Hits Korea
The Crime of Fraud & Misrepresentation in Korea
In Korea, the law of fraud is defined and regulated by various laws and regulations, including, the Criminal Act of Korea, the Act on Aggravated Punishment, etc. of Specific Economic Crimes, and the Act on the Protection of Consumers in E-Commerce Transactions of Korea.
The Criminal Act in Korea defines, in short, fraud as the act of deceiving another person for personal gain or causing loss to another person by presenting false information or concealing relevant information. Fraud can take many forms, such as embezzlement, breach of trust, forgery, and misappropriation of funds. The Act on Aggravated Punishment, etc. of Specific Economic Crimes provides stricter penalties for specific economic crimes such as fraud, embezzlement, and insider trading.
The Korean Act on the Protection of Consumers in E-Commerce Transactions provides legal protection to consumers who engage in e-commerce transactions.
Korean authorities take fraud very seriously and have established several agencies and organizations to prevent and punish fraudulent behavior. The Korean Financial Supervisory Service, the National Tax Service of Korea, and the Korean Fair Trade Commission are agencies responsible for preventing and investigating fraud in Korea. In addition, the Korean National Police Agency and the Public Prosecutors’ Office Of Korea have the authority to investigate and prosecute cases of fraud.
Filing a Criminal Case in Korea
Under Korean criminal law, punishment is either a fine imposed by a Korean court or detention. The punishment, in most cases, depends on the amount of damages, the past criminal history of the accused, and whether the accused paid compensation to the victim.
In most cases, the first step in prosecuting a case is reporting to the police that you have been scammed by a perpetrator. The police will, first, do an investigation to gather evidence and after the investigation, the case is forwarded to the Prosecution. The Prosecution can choose to indict the perpetrator and the case shall go to a criminal court for disposition. The criminal court after hearing the case, makes the decision whether the defendant (perpetrator) is guilty or not.
Filing a Civil Case in Korea
Under the Civil Law in Korea, you can sue the perpetrator directly to recover your loss. In most cases, IPG Legal advises, first, filing a criminal complaint. If you win the lawsuit, your perpetrator would be ordered to pay monetary compensation by the Korean court.
Navigating the Korean legal system can turn out to be quite stressful for any expats in Korea and the most important choice is often the engagement of an experienced English-speaking attorney if you would like punishment and damages from the perpetrator of the crime.
If you are a victim of a scam in South Korea and are looking for legal representation and would like a free initial consultation with an attorney, please schedule a call at: Schedule a Call with an Attorney.
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