Recently, Majung received an urgent inquiry regarding a foreign national’s criminal case from an international student.
The individual entered Korea on a D-4 visa and is currently enrolled at a university as a regular student.
The student was caught by a store employee while putting merchandise into their pocket at a household goods store, and is now facing criminal charges.
Unfortunately, during the arrest for theft, the student assaulted a police officer and attempted to flee, which has led to the possibility of aggravated punishment.
Concerned about the criminal penalties and visa issues the international student may face, a Korean acquaintance urgently requested assistance.
Majung assessed the situation as extremely serious and proceeded with an in-depth consultation.
It was emphasized that punishment for theft committed by a foreign national is clearly different from that for a Korean citizen.
Contents
1. Foreign nationals committing theft crime — what is the level of punishment?
2. If a foreign national is involved in a theft-related criminal case(and theft crime itself)
3. How to respond when a foreign national commits a theft crime
4. Final Words
1. Foreign nationals committing theft crime — what is the level of punishment?
First, let’s take a look at police investigations and punishments related to crimes committed by foreign nationals.
If a foreign national commits theft and undergoes a police investigation, they may be punished under Article 329 of the Criminal Act with imprisonment of up to 6 years or a fine of up to 10 million Korean won.
Furthermore, if the theft qualifies as “special theft” rather than general theft, the offender may face imprisonment of 1 to 10 years without the option of a fine.
[Criminal Act Article 329]
A person who steals another’s property shall be punished by imprisonment of up to 6 years or a fine of up to 10 million won.
This punishment is applied consistently regardless of whether the offender is a Korean citizen or a foreign national.
However, in the case of foreign nationals, it is necessary to prepare not only for criminal investigation and sentencing, but also for immigration-related consequences, requiring a more meticulous approach.
Next, it was stated that one must respond to the criminal review and deportation procedures for foreign nationals.
If a deportation order has been issued, it is possible to challenge it through an objection application, a temporary release request from detention, or administrative litigation.
However, these attempts are rarely successful without expert legal assistance, so it is extremely important to act with the support of a qualified attorney.
4. Final Words
Law Firm Majung, which specializes in foreign national cases, conducts consultations in collaboration with criminal law attorneys certified by the Korean Bar Association and legal experts formerly affiliated with the Immigration Office.
From 'criminal reviews for foreign nationals' to 'forced deportation,' the firm provides comprehensive legal counseling for all issues that may arise from theft committed by foreign nationals.
Theft involving foreign nationals cannot be resolved by consulting only a criminal law attorney.
Don’t face the legal system alone. Let Majung fight for you!
