What Evidence Do I Need for a Fraud Case in Korea?

Short answer. Evidence that goes to deception at the time the money moved, not evidence that the money was never repaid. Article 347 of the Criminal Act defines fraud as deceiving a person and thereby receiving property or obtaining a pecuniary advantage. The element that decides most cases is whether the other side intended to deceive when they took the money. Non-payment afterwards, on its own, is a civil default. What converts it into fraud is what they said, knew and did at the outset.

What Korean law says

Article 347(1): a person who deceives another and thereby receives the delivery of property or obtains a pecuniary advantage is liable to imprisonment for up to twenty years or a fine of up to fifty million won. Article 347(2) applies the same penalty where a third party is made to receive the property or obtain the advantage by the same method.

Article 347-2 covers computer fraud, where a pecuniary advantage is obtained by entering false information or an improper command into an information processing device, or by entering or altering information without authority.

Criminal Act, Articles 347 and 347-2. Act No. 21450, in force from 13 September 2026. The penalty in Article 347 was raised by an amendment of 23 December 2025.

What usually happens in practice

The evidence that carries weight is the material from before and around the transfer. Messages in which a purpose was described, a repayment date promised, or an asset or business claimed. Records showing the money was used for something other than what was stated. Evidence that the same representation was made to other people. Evidence that the person was already unable to perform when they made the promise.

Present it in a form a reader can follow: a chronological list of transfers with dates and amounts, each tied to the message that accompanied it. Exported threads are better than screenshots, because sequence and timestamps are usually where the case is won.

Two common mistakes. Leading with how much was lost rather than with what was said invites the answer that this is a civil dispute. And deleting an exchange that looks unflattering usually removes the context that shows the promise.

What you should do next

Build a dated list of transfers with the message that went with each one.
Export whole conversations rather than clipping single messages.
Collect anything showing what the money was actually used for.
Find other people who were told the same thing. Pattern evidence is powerful on intent.

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Written and reviewed by Soobin You, Attorney at YUSU Lawfirm. Former prosecutor. Last legal review: 12 September 2026.