Legal Q&A
Q
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I am requesting help because I recently experienced a bewildering situation. A few months ago, text messages notifying me of unpaid charges began arriving from a telecommunications company I do not know. At first, I thought it was spam and ignored it, but later, overdue notices and demand letters in my name started coming to my home. Finding it strange, I inquired with the relevant telecommunications company, and I was told that there was one mobile phone line opened in my name and with my resident registration number, and that the charges had not been paid for several months. However, since I had never used that telecommunications company, I looked into it and learned that a friend had secretly opened the line using my resident registration number. Contact with him is now cut off. In such a case, am I liable for these charges? Can this be punished as personal information theft? I feel very wronged and worried. I would appreciate your advice.
personal information theft
Answer
Published:
Author : DongIl PARK
Hello. This is an attorney experienced in IT cases at Daeryun Law Firm.
Unfortunately, the case you described is in fact a frequently occurring case of personal information theft.
Cases in which, as in yours, a resident registration number or a copy of an identification card is leaked through an acquaintance and another person secretly opens or contracts for financial or telecommunications services are regarded as cases of personal information theft.
If you did not actually conclude the contract and the identity theft is proven, there is no legal liability for the relevant charges.
However, in order not to pay the relevant charges, an active response is necessary to prove the fact of personal information theft.
In addition, if you lent your name to another person to open a mobile phone line and provided it for telecommunications use, the charge of a violation of the Telecommunications Business Act may apply, so there is a need to demonstrate that your identity was stolen without your knowledge.
Your friend's act is a crime of obtaining economic benefit by using another person's personal information without that person's consent, so it is possible to submit a criminal complaint to the police station on charges such as forgery of a private document, uttering of a forged private document, and a violation of the Resident Registration Act.
First, you should report the identity theft to the telecommunications company, then submit a criminal complaint to the police station and claim civil damages.
If necessary, Daeryun Law Firm will accompany you through the derived legal procedures, such as preparing the criminal complaint for this matter.
In particular, Daeryun has relevant expertise, including being on the verge of filing a class action regarding the recent SKT personal information leak incident.
If you need a consultation, please make a reservation for a legal consultation at any time.
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DongIl PARK
T. 070-5221-3616
Attorney Qualified as a Foreign Legal Consultant in Singapore · International Litigation/School Violence/Evidence Investigation Law Attorney
Kuk Il KIM
T. 070-5117-2950
Experience as Chief Prosecutor at the Seoul High Prosecutors' Office · Attorney Specializing in Criminal Law/Drugs/Intellectual Property
InWon KIM
T. 070-7510-1044
Former Chief Prosecutor [Criminal], Seoul Central District Prosecutors' Office · Attorney Specializing in Criminal Law/DUI Traffic/Accounting Audit/Evidence Examination
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