Written by Attorney Soobin You, a former prosecutor licensed in Korea, defending criminal cases with consultations available in English.
Quick answer: In Korea, victims of romance scams are sometimes charged themselves, as accomplices to fraud or money laundering, when a scammer uses their bank account. Because their situation resembles a cash-collector or money-launderer in a phishing scheme, many are convicted despite being victims. But where it can be shown that there was no awareness of any crime, a case can end in non-prosecution (불기소). That is how one such case was resolved at the prosecution stage.
For foreigners in Korea, this is a hidden trap. You believe you are in a genuine relationship, you help the person you trust, and suddenly you are the one under investigation, facing a possible prison sentence. Here is how the law approaches it, from a Korean English-speaking lawyer’s perspective.
Background: the victim who became a suspect
The client had been drawn into a romance scam. Having become romantically involved, they provided their bank account at the other person’s request, only for that person to exploit it, leaving the client charged with aiding fraud and money laundering under the Act on Regulation and Punishment of Concealment of Criminal Proceeds.
By the time the client came to us, the case had already been assessed as guilty at the police stage, and two matters had been referred to the prosecutor. The case was at the prosecution stage, so a fast response was essential.
Why these cases are so dangerous
These situations arise more often than people expect. Investigators frequently take the view that the person “could not have been unaware” of the fraud, and convictions do occur. Structurally, it resembles the role of a cash collector or money launderer in a voice phishing scheme, often someone who thought they were just doing a part-time job. Here too, the client had been wrongly caught up in the charges regardless of their actual intent.
The defense strategy
Grasping the true nature of the case and submitting a defense opinion. With little time available, we analyzed the case urgently and emphasized the particular circumstances that had led the client to trust the other person. The chat records across platforms ran to thousands of pages, but given the seriousness, we analyzed them quickly and submitted an opinion. We set out in concrete detail how the client had come to trust the other person, and how that person exploited it, presenting a defense opinion that highlighted the client’s own victimhood.
Establishing the intent behind providing the account. We proved that providing the bank account had been done without any awareness of criminal activity. By setting out the other person’s deception and the client’s circumstances concretely, we conveyed persuasively to the prosecutor that the client’s conduct was not intended to facilitate fraud.
Active communication throughout. We communicated actively with the investigators throughout, conveying the client’s situation and the true nature of the case. The promptly submitted opinion and supporting materials became key factors in the prosecutor’s decision not to charge.
The result: non-prosecution
Weighing our opinion and the circumstances of the case as a whole, the prosecutor issued a non-prosecution decision on the aiding-fraud and money-laundering charges, and the client was able to close the case cleared of the allegations. A client who had faced the risk of an actual prison sentence, despite being a victim, saw the matter safely concluded.
The lesson: act early, even when you are the victim
In romance scams, simply providing a bank account or trusting the wrong person can lead to criminal liability. Even where you are genuinely a victim, failing to clearly establish that can carry a real risk of conviction. This is why thorough preparation from the earliest investigation stage, and working with a legal professional to organize the facts clearly, is so important.
Being used by an organised operation and being treated as part of it are, at the start, indistinguishable to an investigator. Two things follow: the defence has to establish what you actually knew, and, where you lost money yourself, filing your own criminal complaint changes how the file reads. Both are covered by our criminal practice for foreign residents.
Frequently Asked Questions
Q: Can I be charged in Korea if a romance scammer used my bank account?
A: Yes, it is possible. Victims are sometimes charged as accomplices to fraud or money laundering when their account is used. This is why establishing that you had no awareness of any crime is critical.
Q: Why are romance scam victims treated like accomplices?
A: Structurally, providing an account can resemble the role of a cash collector or money launderer in a phishing scheme. Investigators may assume the person “must have known,” which is why the defense focuses on proving the absence of awareness.
Q: How do you prove I didn’t know it was a scam?
A: Through the circumstances that led you to trust the other person, the deception they used, and evidence such as message records, presented to show that providing the account was done without any awareness of criminal activity.
Q: What does a non-prosecution (불기소) decision mean?
A: It means the prosecutor decided not to bring charges. There is no trial and no criminal record from the case.
Q: I’m a foreigner caught in a situation like this in Korea. Can I get help in English?
A: Yes. A Korean English-speaking lawyer can take your account in English and respond urgently, even at the prosecution stage, which matters because these cases can move quickly toward charges.
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.
Caught up in a scam in Korea and now facing charges yourself? YUSU Lawfirm (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 earliest stage. With offices in Seoul (Mapo) and Gyeongju, contact us via KakaoTalk or the inquiry form.
