보이스피싱 통장대여 Lending bank accounts for use in voice phishing

Attorney at Lawfirm Dongju

Criminal Law Specialist Attorney, Korean Bar Association

Former Court-Appointed Defense Counsel, Supreme Court of Korea

Former Court-Appointed Victim's Counsel, Suwon District Prosecutors' Office

Former Legal Counsel for Investigation-Related Civil Complaints, Suwon Nambu Police Station

Legal Counsel at Korean Dental Association

Legal Advisor at Flick Contents Lab (Company Developing Games to Support Victims of Sexual Crimes)

Lecturer for Counselors at the Seoul Metropolitan Police Agency School Violence Reporting Center (117)

보이스피싱 통장대여 외국인이라도 공범으로 처벌될 수 있다?

Is it true that a foreign national can be punished as an accomplice for lending bank accounts for Voice Phishing?

세줄요약

• 대포통장이란 통장 주인(명의자)와 실제 사용자가 다른 비정상적인 금융 계좌를 뜻합니다.

• 외국인의 경우 보이스피싱 범죄에 사용될 거라는 생각을 하지 못하고 통장을 대여해주기도 하는데, 다른 사람에게 통장을 대여해주는 행위 그 자체는 법적으로 처벌 대상에 해당합니다.

• 심지어 보이스피싱 범죄에 일부 가담했다는 사실이 드러나면 공범으로 인정될 수 있으며, 그에 대한 책임까지 지게 될 수 있습니다.

Hello, this is Lawfirm Dongju.

“I was only asked to provide my bank account details temporarily, and I had no idea that my account would be used for criminal activities. I’ve been told to attend police interrogation. What legal consequences could I face?

It is not uncommon for foreign nationals residing in South Korea to become entangled in voice phishing after allowing others to use bank accounts registered in their names, either in exchange for promises of high-paying part-time work or simply at someone else’s request.

When foreign nationals discover that their bank accounts have been used for criminal purposes without their knowledge, they may understandably feel that they have been treated unfairly.

Having handled voice phishing cases involving foreign nationals, I understand how distressing this situation can be. 

If you genuinely bear no criminal responsibility, you should identify evidence to support your position.  If you must acknowledge some of the allegations, you should pinpoint mitigating circumstances that may help you obtain a more lenient outcome.

01 What is the criminal penalty for lending a bank account for voice phishing?

Voice phishing is a form of fraud in which perpetrators use telecommunications, such as phone calls or text messages, to deceive or threaten victims into disclosing financial or personal information in order to obtain financial benefits unlawfully.

Individuals or criminal organizations related to voice phishing may borrow bank accounts registered in other people’s names to evade detection and transfer or withdraw funds obtained from victims.

If you lend your bank account and it is later found to have been used for such purposes, you may face criminal charges under the laws outlined below. Please note that these laws apply to foreign nationals as well.

Violation of the Electronic Financial Transactions Act

The Electronic Financial Transactions Act strictly prohibits actions involving transferring or lending a means of access including bank accounts, debit cards, OTP devices, and other authentication or security devices.

Under Article 49 of the Electronic Financial Transactions Act, a person who violates the applicable provisions may face imprisonment with labor for not more than 3 years or by a fine not exceeding KRW 20 million.

Depending on the circumstances, criminal liability may arise even if the person did not know that the account would be used for voice phishing.

Violation of the Criminal Act

Investigative authorities tend to view individuals who lend their bank accounts for voice phishing as having made a substantive contribution to the commission of the crime.

If any evidence establishes that bank account holders participated in the criminal scheme, they may be considered as accomplices. Under Article 30 of the Criminal Act, accomplices are subject to the same statutory punishment as principal offenders.

The underlying offense may be fraud under Article 347 of the Criminal Act, which carries a maximum penalty of 20 years’ imprisonment or a fine not exceeding KRW 50 million.

Even if a person is not found to be an accomplice, they may still be held criminally liable for aiding and abetting the offense if they knowingly facilitated its commission. Under Article 32 of the Criminal Act, an accessory may receive a reduced sentence compared with the principal.

02 Is it possible to avoid punishment by claiming that you did not know the account would be used for voice phishing?

The short answer is that simply claiming “I did not know” does not necessarily absolve you of criminal liability for lending a bank account.

Investigative authorities and courts may consider whether you could reasonably have foreseen the possibility that your account would be used for unlawful purposes. 

It is therefore important to examine the circumstances surrounding the case, including what prompted you to lend your account, why the other person requested it, and whether there were any circumstances that should have alerted you to the possibility of criminal use.

You should then gather evidence that can support your account and strengthen the credibility of your explanation.

03 What should you do if you need to acknowledge the allegations?

As explained above, lending a bank account for use in voice phishing may lead to charges under the Electronic Financial Transactions Act, as well as charges of fraud as an accomplice or an accessory.

A violation of the Electronic Financial Transactions Act alone can result in harsh criminal penalty. Nevertheless, first-time offenders may have grounds to seek leniency, depending on how effectively they respond to the case.

The situation can be considerably more serious if charged as an accomplice or an accessory to fraud. The potential sentence may increase substantially depending on factors such as the amount of money obtained through the fraud and the extent of involvement.

Foreign nationals must also consider an additional issue: Immigration Violation Screening.

Depending on the criminal penalty imposed on the case, they may face difficulties maintaining their current status of stay or may be subject to a Deportation Order.

Accordingly, foreign nationalS facing criminal charges for lending a bank account used in voice phishing should not focus solely on avoiding imprisonment but also consider how the criminal proceedings may affect status of stay.

For this reason, it is advisable to seek assistance from a lawyer experienced in voice phishing cases involving foreign nationals.

04 FAQs about lending bank accounts for use in voice phishing

Q1. Am I required to make full restitution to voice phishing victims?

A1. Not necessarily. The fact that the bank account is registered in your name does not automatically mean that you are liable for the full amount the victims lost.

The extent of any obligation to restitution may depend on the circumstances, including the amount transferred through your account and the legal basis for holding you liable.

Q2. Can I be punished for lending my bank account even if I received nothing in return?

A2. Yes. Even if you have not received any compensation for lending your account, you may still face criminal liability because the Electronic Financial Transactions Act prohibits unlawful lending or transferring any means of access.

Q3. Will I lose my status of stay if I am punished for lending a bank account used for voice phishing?

A3. A conviction for lending a bank account does not, by itself, mean that your status of stay will necessarily be revoked. However, the fact that you have committed a serious crime may increase risk of losing your status of stay.

If you cannot adequately explain the circumstances supporting your continued stay in South Korea, maintaining your status may become more difficult. 

05 Have you become involved in a voice phishing case?

Voice phishing offenses can result in a criminal record and may have serious consequences for a foreign national’s ability to remain in South Korea.

If you have become involved in such a case, it is important to take appropriate action from the earliest stage of the investigation.

Lawfirm Dongju has experience handling voice phishing cases involving foreign nationals and provides legal assistance tailored to each client’s circumstances.