Legal Q&A
Q
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Hello. I am an employee at an entertainment agency. A little while ago, a celebrity affiliated with our company had their personal information hacked. It led to identity theft fraud using a mobile phone, which resulted in significant financial harm. Since this is the first time our company has faced something like this, we are quite bewildered. How should identity theft fraud be dealt with? If we report it, what punishment will that person face?
Identity theft fraud
Violation of the Personal Information Protection Act
Punishment for identity theft
Answer
Published:
Author : Byung Joon KOH
I see that you have asked about identity theft fraud, and you must have been quite alarmed by such sudden harm.
First of all, if you become involved in identity theft fraud, it is important to report it promptly before the harm spreads any further.
If you become aware that your identity has been misused, you may contact the customer center of the relevant telecommunications carrier to check whether any line was opened through the identity theft, and then proceed to file a report.
Thereafter, the relevant telecommunications carrier will determine, through a factual investigation, whether identity theft actually took place.
If it is acknowledged that your identity was misused, then charges for fees that you did not incur cannot be imposed, so it appears that the harm you suffered can be recovered.
However, if the identity theft is not acknowledged, you may apply for mediation with the Telecommunications Complaint Mediation Center and attempt to resolve the matter.
In addition, if the identity of the person who misused your identity is confirmed during the reporting process, criminal punishment is also possible.
Such identity theft fraud may be punished as the crime of fraud, and it may be subject to imprisonment for up to 10 years or a fine of up to 20 million won.
If you wish to prevent this kind of identity theft in the future, it is advisable to enroll in the ‘Identity Theft Prevention Service’ provided by the Korea Association for ICT Promotion.
Through this service, you can receive a notification by text message and email whenever a mobile phone is opened under your name, which allows you to reduce the potential harm.
If you need legal advice or a response during this process, we recommend that you seek the help of an attorney handling fraud cases.

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Byung Joon KOH
T. 070-5221-2805
Extensive experience handling large-scale corporate and white-collar crime cases · Attorney specializing in corporate/construction/labor/digital forensics law
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