Written by Attorney Soobin You — a former prosecutor licensed in Korea, representing clients in criminal and civil matters with consultations available in English.
Quick answer: In Korea, a criminal fraud complaint can hold the other person accountable — but it does not, by itself, recover your money. To actually get repaid, you generally need to run a civil claim alongside the criminal complaint. In one such case, that combined approach led to a court-recommended settlement that reflected nearly the full amount claimed.
Money lent to a romantic partner rarely comes with a contract. For foreigners in Korea, that gap becomes even harder to navigate — unfamiliar procedures, an unfamiliar language, and a painful situation. Here is how these cases actually work, and why the criminal route alone is not enough.
Where money between partners becomes a legal problem
The sentence I hear most often is: “I trusted them, so I just sent it.” In a relationship, money moves without a loan agreement or written terms. But when the money is used for something other than what was promised, and repayment keeps getting delayed, suspicion becomes a legal question. At that point, the central issue is whether the other person ever intended to repay at all.
In a criminal complaint, intent is everything
Under Korean law, failing to repay a debt is not automatically fraud. To establish fraud, you must show through evidence that the other person had no intention of repaying from the outset — that they took the money by deception. Messages, transfer records, contradictions in their explanations, and statements from people around them all matter. What decides a complaint is not any single item, but whether the evidence connects into one coherent picture.
Organizing evidence changes how the investigation moves
Investigators prioritize objective material over emotional argument. In this case, we laid out the facts like a timeline: when each request was made, why the money moved, and how the repayment promises shifted over time. We also submitted material showing that the funds were converted to personal spending after receipt. As the allegations took concrete shape, the investigation moved quickly. The accumulation of circumstances — documented and sequenced — is what carries weight.
The civil claim is the path to actual recovery
Here is the reality many people learn too late: the criminal process alone rarely gets your money back. A criminal case punishes; it does not order repayment to you. That is why running a civil suit in parallel — to establish the repayment obligation — is essential. The facts and evidence built in the criminal record also strengthen the civil claim. The two tracks are not separate; each supports the other. Linking them is where cases are won.
What a court-recommended settlement actually means
In Korean civil practice, a court may review a case and resolve it through a settlement recommendation decision (화해권고결정). This is not a simple compromise — it is the court presenting the outcome it considers appropriate after examining the issues. When the other side’s repayment or reduction arguments are weak, the claimant’s position can be reflected almost in full. In this case, the matter was resolved at this stage with an outcome close to a full win. The completeness of the evidence is what determined that result.
Romance fraud is not about emotion — it’s about structure
Many victims hesitate because of betrayal and embarrassment, reluctant to leave a record. But this is not an emotional problem; it is a question of legal responsibility. Once the flow — request, promise, transfer, use, avoidance — is made objective, the case takes shape. Recovery comes from documentation rather than argument, and from procedure rather than anger.
Frequently Asked Questions
Q: Can I get my money back by filing a criminal fraud complaint in Korea?
A: Usually not on its own. A criminal complaint addresses punishment, not repayment to you. To recover the money, you generally need to file a civil claim as well — often in parallel with the criminal case.
Q: Is it fraud if someone simply doesn’t repay a loan in Korea?
A: Not automatically. Korean law requires evidence that the person had no intention to repay from the beginning, or obtained the money through deception. Non-payment alone is typically a civil matter.
Q: What evidence matters most in a romance fraud case?
A: Connected evidence. Message histories, transfer records, contradictions in the other person’s explanations, and proof that the funds were spent personally — assembled into a clear timeline — are far more persuasive than any single document.
Q: What is a “settlement recommendation decision” (화해권고결정)?
A: It is a decision in which the civil court, after reviewing the issues, proposes the resolution it considers appropriate. It is not a mere compromise, and when the opposing arguments are weak, it can reflect most of the claimant’s position.
Q: Can a foreigner file a fraud complaint and a civil claim in Korea?
A: Generally, yes. Both criminal complaints and civil claims are available regardless of nationality. The specifics of your situation should be reviewed with a lawyer, and having representation helps significantly when procedures run in Korean.
This article is for general information only and does not constitute legal advice. Outcomes depend on the specific facts of each case. For advice on your situation, consult a licensed attorney.
Were you defrauded by a partner in Korea and unsure how to recover your money? Attorney Soobin You provides English-language legal support from complaint to enforcement. Contact us via KakaoTalk or the inquiry form.