These are statements frequently heard in foreign voice phishing collection cases.
Some foreign nationals and international students who are unfamiliar with life in Korea are approached through SNS or messaging applications with offers of high-paying part-time work. They are then instructed to collect cash from certain locations and deliver it to another person.
At first, they may believe that they are delivering goods or transferring company funds. However, after being arrested by the police, they realize that they may have become involved in a voice phishing crime.
These cases can lead not only to criminal procedures but also to immigration issues regarding residence status in Korea. Therefore, from the early stage of the case, it is important to carefully organize what instructions the person received and what they actually understood about the situation.
A legal lawyer near me experienced in foreign criminal cases can help review the facts of the case and prepare an appropriate response strategy considering both criminal procedures and immigration issues.
Why can someone be accused of voice phishing even if they only delivered cash?
Voice phishing organizations do not always operate with one person handling the entire crime.
Instead, different people may perform different roles, such as:
The person who directly receives cash from victims and transfers it to someone designated by the organization is commonly referred to as a “collection agent.”
Some foreign nationals investigated as voice phishing collection agents believe that they are unrelated to the crime because they never deceived victims directly and never made phone calls.
However, investigators do not only examine who personally made false statements to victims.
They may also review:
Therefore, simply explaining that “I was not the person who made the phone call” may not fully explain the important issues of the case.
The investigation may focus on whether the person understood their role and whether they should have recognized that the activity was related to a criminal organization.
How is the statement “I did not know it was voice phishing” evaluated?
One of the most important issues in foreign voice phishing collection cases is whether the person was aware of the criminal activity.
Some foreign nationals become involved in crimes while searching for employment through online recruitment websites or SNS platforms.
Especially when a person is unfamiliar with Korean language or Korean financial and employment systems, it may be necessary to examine whether they genuinely failed to recognize that the work instructions were unusual.
During the investigation, authorities may review:
For example, if communication only occurred through Telegram or other private messaging apps, if different people provided cash each time, or if the person was instructed to transfer money to unknown third parties, these circumstances may become important issues.
On the other hand, if the person had a reasonable reason to believe that the job was legitimate, evidence showing how they came to accept the employment offer should be prepared.
Foreign voice phishing collection cases are ultimately not determined by one sentence saying “I did not know.” Instead, the entire situation and surrounding circumstances may be reviewed to determine whether the person had criminal awareness.
Deleting messages before police investigation may cause additional problems
When foreign nationals suddenly receive contact from the police, they may panic and delete information from their phones.
Some may delete conversations with voice phishing organizations or reset their devices.
However, this action requires careful consideration.
In foreign voice phishing collection cases, deleting information may also remove important evidence showing:
The following materials may become important when organizing the facts of the case:
For foreign nationals especially, it is also necessary to consider whether language difficulties caused misunderstandings about the instructions they received.
Therefore, before police questioning, it is important not to rely only on memory but to organize the facts chronologically based on objective materials and actual movements.
A legal lawyer near me who handles foreign criminal cases can help review available evidence and determine how the facts should be presented during the investigation.
Foreign voice phishing collection cases are not only about criminal punishment
There is an important issue that foreign nationals often overlook.
It is the immigration problem that may arise after the criminal procedure.
For Korean citizens, the response to a criminal case is usually focused on the investigation process, prosecution decision, and court result.
However, foreign nationals must also consider how the criminal outcome may affect their current visa status, reason for staying in Korea, and future immigration procedures.
Foreign voice phishing collection cases should also be reviewed with the possibility that criminal procedures may later be connected to immigration issues.
For example:
Therefore, when deciding what statements to make and what evidence to submit during the criminal process, it is important to consider possible immigration consequences as well.
Waiting until the criminal case is completely finished before reviewing immigration issues may result in insufficient time to respond.
Foreign criminal cases should be reviewed together with immigration issues from the beginning
If you are suspected of being involved in a foreign voice phishing collection case, the first step is to accurately understand your actual role.
Important points to organize include:
In addition, it is necessary to review:
If you are unfamiliar with Korean language and feel concerned about police investigation, or if the case has already moved to the prosecution or court stage, it is important to first identify the current stage of the procedure.
Foreign voice phishing collection cases can involve both criminal punishment and immigration consequences.
Therefore, it is important to understand what allegations are being made, what actions investigators are focusing on, and what response strategy is appropriate for the specific circumstances of the case.
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