Written by Attorney Soobin You — a former prosecutor licensed in Korea, defending clients in criminal cases with consultations available in English.
Quick answer: In Korea, lending someone your bank account or SIM card is a crime under the Electronic Financial Transactions Act — and if you’re investigated twice, you can end up with two separate criminal records. In one case, we used a procedural strategy to merge both cases into a single fine, avoiding the heavier outcome that separate judgments would have brought.
Handing over a bank passbook or phone SIM “just as a favor” is one of the most common ways foreigners in Korea stumble into serious criminal trouble — often connected to voice-phishing schemes. What looks minor is not. Here is how one client with two separate cases avoided a doubled penalty.
The laws involved, in plain terms
This case raised violations of both the Electronic Financial Transactions Act and the Telecommunications Business Act. In plain terms: handing another person your bank account, or your mobile subscription/SIM information, is itself prohibited by law — regardless of what they later do with it.
From a defense perspective, the key factors were the repetition of the act and the circumstances behind it.
The procedural turn: converting and merging the cases
The client had already received a fine through summary judgment in the first case. But when a second case began, the realistic risk was that the penalty would be compounded — two cases, two punishments, two records.
Using the right to request a formal trial, we converted the existing (summary-judgment) case back into a formal trial. Then, drawing on procedural experience, we chose to merge both cases so they would be judged together, in one proceeding, rather than separately.
Preparing sentencing materials that persuade
The court reviewed the matter as a whole. We emphasized that the client was still young and had no prior criminal record, and we presented concrete evidence of future study plans and a genuine intention to reintegrate into society.
This is exactly why, in these consultations, we stress that what matters is objective documentation — not a simple written apology. Courts respond to evidence, not sentiment.
The court’s decision — and what it means
In the end, the court merged both cases into a single fine. Had the cases remained separate and been judged individually, the result could have been considerably heavier. This is a clear example of how a procedural response can change the outcome.
A warning about lending accounts and SIMs
Lending a bank account or SIM card, even briefly, does not end as a harmless favor. When connected to voice-phishing crime, prison sentences are not rare. In practice, missing the early response is what repeatedly turns these cases against the person — and for foreigners, a conviction can also carry immigration consequences depending on the outcome and visa type.
If someone offers to “borrow” your account or phone line — or pay you to open one — treat it as a serious legal risk, not a favor.
Frequently Asked Questions
Q: Is it illegal to lend my bank account or SIM card in Korea?
A: Yes. Handing over a bank account is prohibited under the Electronic Financial Transactions Act, and transferring mobile subscription/SIM information can violate the Telecommunications Business Act — regardless of how the other person uses it.
Q: Can I be punished twice if I’m investigated in two separate cases?
A: Potentially, yes. Separate cases can lead to separate punishments and separate criminal records. In some situations, a lawyer can request a formal trial and seek to merge the cases so they are judged together as one — which can reduce the overall outcome.
Q: What is a summary judgment (약식) in Korea?
A: It is a simplified process where a fine is imposed without a full trial. You can, within the allowed period, request a formal trial instead — which is sometimes strategically useful, for example to merge related cases.
Q: How serious is lending an account if it’s linked to voice phishing?
A: Very serious. When the account or SIM is used in a voice-phishing scheme, actual prison sentences are not uncommon, even for someone who only “lent” it. Early legal response is critical.
Q: Does this kind of conviction affect my visa in Korea?
A: It can, depending on the final outcome and your visa type. Because these offenses are treated seriously, foreigners should seek legal help as early as possible in the investigation.
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.
Investigated for lending a bank account or SIM in Korea — or facing a second case? Attorney Soobin You provides English-language criminal defense from the investigation stage onward. Contact us via KakaoTalk or the inquiry form.