Written by Attorney Soobin You, a former prosecutor licensed in Korea, defending criminal cases with consultations available in English.
Quick answer: In Korea, using another person’s name to get a prescription for sleeping pills like zolpidem is not a simple civil matter. It can constitute violations of the Narcotics Control Act, the Resident Registration Act, fraud, and the National Health Insurance Act all at once. But where the use was treatment-driven, the person is a first offender, a settlement is reached, and treatment continues, the case can end in a suspension of indictment (기소유예), meaning no criminal record. That is how one case was resolved.
As more people struggle with insomnia and anxiety, prescriptions for sleeping pills have become more common. Sometimes, when a person cannot get a prescription under their own name, they use someone else’s to obtain zolpidem. For foreigners in Korea, this is a legal risk that is easy to underestimate. Here is how one such case worked, and why early help from a Korean English-speaking lawyer matters.
Background of the case
The client had visited hospitals for severe insomnia and pain, but once the prescription limit was reached, obtained sleeping pills under another person’s name. Police referred the case as identity misuse and a Narcotics Control Act violation, since zolpidem, the main ingredient in the sleeping pills, is classified as a controlled psychotropic substance. Because of that classification, even a single instance of use is strictly punishable under the drug law.
The strategy that led to leniency
After taking the case, we closely reviewed the relevant principles under the Resident Registration Act and the Narcotics Control Act. Using another person’s resident registration number to receive hospital care is a Resident Registration Act violation, and where health insurance was applied in that process, fraud and a National Health Insurance Act violation can also arise. This is why what looks like a single act can become several overlapping charges.
Despite this, we established several key points. The client had used another person’s name many times, but was now practicing abstinence. The client had genuinely sought treatment for insomnia due to real mental and physical conditions. The client had settled promptly with the affected person and continued psychiatric treatment to prevent recurrence.
The prosecutor’s decision
The core issue was the intent behind the identity misuse and whether the conduct was ongoing. Prosecutors typically seek a prison sentence in these cases where the conduct is repeated or accompanied by financial gain. We explained the client’s motive and circumstances concretely, arguing strongly that this was driven by a treatment motive rather than a criminal one.
We also submitted a psychiatrist’s diagnosis and a medication treatment plan, proving there was a genuine medical reason. Above all, an amicable settlement with the affected person (the name provider) mattered. We took part in the settlement directly and helped confirm that there had been no deliberate intent to cause harm. As a result, the prosecutor closed the case with a suspension of indictment, and the client avoided criminal punishment.
When leniency is possible
This case shows that even where someone used another person’s name, active remorse, objective proof of the motive and circumstances behind the identity misuse, and settlement efforts can support a suspension of indictment, even in a drug law case. In court practice as well, there are many instances of leniency where there was no repeated or habitual offending, and where the motive was treatment for conditions like insomnia or panic disorder.
Cases involving sleeping pills or psychotropic medications can lead to a prison sentence if mishandled. But where the person is a first offender, the treatment purpose is clear, and settlement and recurrence-prevention efforts are proven, a suspension of indictment or non-prosecution can reasonably be expected.
Frequently Asked Questions
Q: Is using another person’s name for a prescription really a crime in Korea?
A: Yes, and it can involve several offenses at once, including a Resident Registration Act violation, fraud, a National Health Insurance Act violation, and a Narcotics Control Act violation if the medication is a controlled substance like zolpidem.
Q: Is zolpidem treated as a drug in Korea?
A: Yes. Zolpidem is classified as a controlled psychotropic substance under the Narcotics Control Act, so even a single instance of use can be punishable.
Q: Can I avoid a criminal record if I did this for treatment reasons?
A: It is possible. A clear treatment motive, first-offender status, a settlement with the affected person, and continued treatment can support a suspension of indictment, which leaves no criminal record.
Q: What matters most in these cases?
A: Prosecutors focus on the intent behind the identity misuse and whether the conduct was ongoing. Objective proof of a genuine medical purpose and settlement efforts are important.
Q: Can I get help in English with a case like this?
A: Yes. A Korean English-speaking lawyer can handle the case from the investigation stage and take your account in English, which matters because these cases combine several charges and require careful early handling.
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.
Facing a drug or prescription-related charge in Korea? YUSU Law Firm (법무법인 유수), founded by former prosecutor Soobin You, with a team that includes Kyungmin Kim, a US-educated Korean attorney, provides English-language criminal defense from the investigation stage. With offices in Seoul (Mapo) and Gyeongju, contact us via KakaoTalk or the inquiry form.