How to Respond When Detected for Voice Phishing, Explained by a Chinese Consultation Attorney

In particular, in the case of a Chinese national involved in a voice phishing case, there is a tendency to judge that the risk of flight is higher.

As a result, there is a possibility that the case will proceed as an investigation under detention through a warrant substantive examination rather than an investigation without detention, so caution is needed.

In Korea, separately from criminal punishment, victims can file a civil lawsuit against those who participated in the crime.

Under Article 750 (Contents of Tort) and Article 760 (Liability of Joint Tortfeasors) of the Civil Act, even a person who was merely a courier or a lender of a bankbook may bear joint liability to compensate for the entire amount of damage suffered by the victim.

For a foreign national such as a Chinese national staying in Korea, not all problems are resolved just because the criminal trial has ended.

This is because, after Korean criminal punishment, a bigger gateway awaits: the immigration offense examination by the immigration and foreign nationals office.

The Immigration Act of the Republic of Korea provides that, where certain grounds exist, a foreign national's status of stay may be restricted or compulsory deportation may be ordered.

The following measures, representatively, may be considered.

• Visa cancellation or restriction on changing the status of stay
• Departure order
• Compulsory deportation order
• Restriction on entry into the Republic of Korea for a certain period

In fact, where a person receives a fine or a disposition of a suspended sentence or higher in a criminal case, the immigration and foreign nationals office may conduct a separate immigration offense examination.

In this process, whether to continue permitting stay is determined by comprehensively reviewing the content of the crime, the degree of punishment, the period of stay in the country, the risk of recidivism, and so on.

You should gather as much material as possible to prove that you did not know you were a member of a Korean voice phishing criminal organization, that is, that you had 'no criminal intent.'

For example, preserving the following materials may be helpful.

• WeChat and KakaoTalk conversation histories
• Screenshots of the job posting
• Records of currency exchange or remittance requests
• Content of the promised wages
• Account deposit and withdrawal records
• Call logs and text messages

One point to note in particular is that if you delete conversation histories because you feel wronged, it may instead be mistaken for an attempt to destroy evidence and become a ground for detention, so you must never delete them.

Article 180 (Interpretation) of the Criminal Procedure Act provides that "the statement of a person who does not understand the national language shall be interpreted by an interpreter."

Therefore, if you are not familiar with Korean, it is advisable to request the participation of an interpreter before the investigation.

If your statement is recorded incorrectly while being investigated without an interpreter, a credibility issue may arise in the process of later retracting it.

Also, it is important to state consistently based on the facts rather than answering by guessing at content you do not clearly remember.

In particular, for parts you do not remember, you should honestly answer that you do not know, and you must not answer "yes" unconditionally to the police's leading questions.

Because statements made in the first police investigation affect matters all the way through to trial, consistency must be maintained.

Voice phishing cases proceed very quickly in the investigation.

You should obtain the assistance of an attorney specializing in criminal matters from the stage before the first police investigation and decide the direction of your statements in order to lower the risk of detention.

For a Chinese national staying in Korea, a voice phishing case may proceed with the criminal case and the immigration procedure at the same time.

Therefore, you need to review not only the response to the investigation but also the maintenance of your status of stay, the immigration offense examination, and the possibility of compulsory deportation together.

Organizing the relevant materials from the early stage of the case and preparing a response strategy while comprehensively reviewing the criminal procedure and the immigration procedure can help reduce later disadvantages.

When a Chinese national becomes involved in a voice phishing case while staying in Korea, the Chinese consultation attorney focuses on reviewing the following aspects.

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  For a foreign national, the status of stay may also be affected after criminal punishment, so it is important to secure relevant evidence from the early investigation stage and respond after a legal review.
  
  Daeryun, the 9th-largest law firm in the Republic of Korea (based on 2025 National Tax Service VAT filings), with branch offices around the world, is a global one-firm in which hundreds of attorneys and specialists operate under a matrix system.
  
  Our firm operates a Foreign Nationals Litigation Center for foreign nationals in Korea and others who need legal assistance with Korean cases.
  
  In particular, we have concluded an MOU with a Chinese law firm and have a foreign attorney (China) on staff, so professional responses tailored to the client's situation are possible based on smooth communication.
  
  So that Chinese nationals caught up in criminal cases in Korea do not suffer legal disadvantages, the door to 🔗specialist attorney legal consultation intake is still open now.
  
  If you need Chinese-language consultation on matters other than criminal cases, such as immigration and visa matters, please contact us at any time.