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법률칼럼Legal InsightForeigner2026. 05. 19

Violating the Foreign Exchange Transactions Act through illegal money transfers&How to deal with it

Contents CHECK POINT 01. Case Study "Just a simple money transfer, but facing criminal charges and risk of deportation?"

Contents

CHECK POINT
01. Case Study
"Just a simple money transfer, but facing criminal charges and risk of deportation?" - Cases about illegal money transfers
02. Violation of the Foreign Exchange Transactions Act
Illegal money transfers may be judged differently depending on the circumstances, especially for foreigners.
03. Bigger problems start after criminal sentence
04. Why do we need assistance from experts?
05. Final Words

① Case Study - Illegal Money Transfer Investigation

A client of Chinese nationality lent their bank account to an acquaintance upon request. Later, foreign currency was withdrawn from that account, leading to an investigation for violating the Foreign Exchange Transactions Act.

Although the client was not involved in the transactions, they became a subject of investigation simply because they were the account holder. The legal representative provided a detailed explanation of the flow of funds and the circumstances surrounding the account’s use, demonstrating that the client had no intent or involvement in the transactions.

RESULT
No Charges Decision
As a result, the prosecution issued a “no charges” decision, and the case was closed.

② Violation of the Foreign Exchange Transactions Act — The Criteria Are Divided Depending on the Circumstances

Sending money for living expenses or briefly lending your account to a friend—Even if these actions stem from personal circumstances, failing to go through the proper reporting or authorization procedures when transferring foreign currency can lead to criminal liability.

Separately, the Immigration Office may impose restrictions on routine administrative procedures—such as visa extension denial, limitations on status changes, or refusal to issue new visas—based on the individual's criminal record.

i
Foreign exchange-related issues may affect both criminal procedures and immigration status.
Foreigners should consider not only whether criminal liability exists but also how the result may influence future visa procedures.

③ Bigger Problems Start After Criminal Sentence

A criminal sentence does not always mark the end of the matter for foreigners. Immigration authorities may separately review the situation and consider measures affecting residence status.

④ Why do we need assistance from experts?

CHECK POINT
Misunderstandings arising from cultural and institutional differences
Many individuals become involved in such cases simply by accepting requests from acquaintances without fully understanding Korean legal procedures.
Burden of Language and Procedures
Korean documents, investigation procedures, and immigration systems can be unfamiliar and difficult for foreigners to handle alone.
Expert assistance is essential
A legal representative can organize the facts from a legal perspective and provide practical solutions for both criminal issues and residency-related matters.

⑤ Final Words

What seemed like a simple money transfer at first can lead to irreversible administrative consequences. Cases involving illegal money transfers are issues that many foreigners unexpectedly face.

Often, it starts with sending living expenses or helping a friend by lending an account. However, investigative authorities assess the situation based on the structure of the transaction and the remittance process to determine whether a legal violation occurred.

Violations of the Foreign Exchange Transactions Act and illegal money transfer cases affect both criminal and immigration status. Seeking assistance from legal professionals may be an important step in minimizing disadvantages depending on the circumstances.

In Majung, a criminal law specialist certified by the Korean Bar Association analyzes the facts and establishes a defense strategy from the early stages of a money transfer case, while a legal representative with experience at the Immigration Office provides integrated support for immigration-related matters.

Foreign Specialized Support at Majung Foreigner Center
Multilingual consultation available in English and Chinese.
Professional interpreters assist from the first consultation to the conclusion of the case.
Offices in Seoul, Daejeon, Busan, Daegu, and Gwangju.

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