How to File a Criminal Complaint in Korea for Fraud While Living Overseas: A Guide for Overseas Koreans

Fraud targeting overseas Koreans has become increasingly common, particularly in cases involving real estate investments, personal loans, and business investments. Offenders often exploit the fact that the victim lives abroad, may be unfamiliar with Korean legal procedures, and cannot easily travel to Korea on short notice.

The key to responding effectively to fraud is filing a criminal complaint promptly. While the victim hesitates, the offender may conceal assets, destroy evidence, or otherwise make recovery more difficult.

There is no need to assume that you must personally travel to Korea. In many cases, an overseas resident can retain Korean legal counsel, prepare and submit a criminal complaint through counsel, and initiate the investigative process without immediately entering Korea.

Once a properly prepared complaint is filed, the investigative authorities may take appropriate investigative measures depending on the circumstances of the case, including tracing bank accounts, seeking search or seizure warrants, imposing travel restrictions, or issuing wanted notices where legally justified.

Cases involving overseas victims require a strategy tailored to the difficulties of distance, evidence collection, and communications with Korean investigative authorities. This guide explains the practical steps an overseas Korean can take to pursue a fraud case in Korea and seek recovery of the losses without necessarily traveling to Korea.

1. What Should You Do Immediately After Discovering the Fraud?

Many victims, upon realizing that they have been defrauded, immediately confront the offender. This can inadvertently give the offender time to delete messages, conceal evidence, or move assets.

If you discover while overseas that you have been the victim of fraud in Korea, the following steps should be taken as quickly as possible.

[STEP 1] Capture and Preserve All Communications and Evidence

Before telling the offender that you intend to file a criminal complaint, preserving evidence should be the first priority.

Once the offender realizes that legal action is imminent, he or she may leave group chats, delete messages, or otherwise attempt to destroy evidence.

Communications:
Save the entire conversation history from KakaoTalk, LINE, email, text messages, or other messaging platforms through screenshots or PDF exports.

Financial records:
Preserve remittance receipts and bank confirmations showing transfers from your overseas bank account to the recipient account in Korea.

Audio recordings:
Preserve any call recordings with the offender, particularly statements such as “I will repay you,” explanations of how the money was used, or other admissions relevant to the transaction.

[STEP 2] Obtain Statements That May Demonstrate Fraudulent Intent

If the offender does not yet know that you are preparing a criminal complaint, carefully structured communications may help establish facts relevant to fraudulent intent.

For example:

• “Did you actually invest the money in the project you originally told me about?”
• “Are you unable to repay me because you have no money, or did you use the funds for something else?”

The objective is to preserve evidence showing that the offender may have made false representations from the beginning or used the funds for a purpose materially different from what was promised.

Such statements can become important evidence when distinguishing criminal fraud from an ordinary civil dispute over repayment.

[STEP 3] Identify Assets Held by the Offender in Korea

If recovery of the money is a priority, it is important to identify the offender’s assets before they are transferred or concealed.

Gather as much information as possible concerning the offender, including:

• Korean bank account numbers;
• Addresses of real estate;
• Business locations;
• Resident registration number, if lawfully available;
• Date of birth; and
• Other identifying information.

Even if you do not know the offender’s full personal information, the bank account to which you transferred the funds may be particularly important because it can assist investigative authorities in identifying the account holder and tracing transactions.

[Professional Assistance] Retaining Korean Criminal Counsel and Preparing Authorization Documents

If you intend to proceed without traveling to Korea, you should consider authorizing Korean counsel to assist with the case.

Legal consultation:
Counsel can assess whether the available evidence supports a criminal fraud allegation and whether civil preservation measures, such as provisional attachment of Korean assets, should also be considered.

Power of attorney:
Depending on the circumstances and the requirements of the relevant authority, a power of attorney or other authorization documents may need to be prepared and authenticated abroad before being sent to Korea.

2. Key Points in Drafting a Criminal Complaint and Collecting Evidence

In fraud cases involving overseas Koreans, one of the most important legal distinctions is between:

“The other party failed to repay me”, which may amount only to a civil breach of contract,

and

“The other party deceived me from the outset in order to obtain my money,” which may constitute criminal fraud.

The criminal complaint should therefore be structured so that the investigator can immediately understand the alleged deception, the transfer of money caused by that deception, and the resulting loss.

Category	Common Weak Approach	More Effective Strategy
Core Allegation	“He borrowed money and did not repay it on time.” → May appear to be a civil dispute	Focus on the alleged deception from the outset, including false statements about the intended use of funds, financial condition, or ability to repay
Evidence Collection	Only a transfer receipt or unsupported verbal agreement	Underlying evidence: contemporaneous messages, dated screenshots, loan agreements, emails Financial evidence: overseas remittance receipts and Korean recipient-account information Admissions: recorded calls, transcripts, and messages
Complaint Structure	Long, emotional narrative	Clear chronological structure: [Representation] → [Falsehood] → [Transfer of Funds] → [Loss]
Recovery Strategy	Waiting until the criminal case is completed	Consider pursuing provisional attachment of Korean bank accounts or real estate in parallel with the criminal complaint

Where identifying information about the offender is incomplete, the complaint should still include all available information, particularly the bank account that received the funds. Investigative authorities may then determine whether additional tracing measures are warranted.

Criminal proceedings and civil asset-preservation measures should also be considered separately. A criminal complaint seeks investigation and punishment, while provisional attachment or other civil measures are aimed at preserving assets for eventual recovery.

3. How to Proceed Through Korean Counsel Without Personally Visiting Korea

① Preparing a Power of Attorney and Authentication Documents Abroad

For an overseas resident who cannot conveniently appear before Korean investigative authorities, one of the first practical steps is to prepare the necessary authorization documents for Korean counsel.

[Step 1] Receive the Power of Attorney Prepared by Korean Counsel

Korean counsel may prepare a power of attorney setting out the complainant’s identity, available information concerning the suspect, the basic nature of the alleged offense, and the scope of authorization.

Depending on the case, the scope may include submission of the criminal complaint, communications with investigative authorities, submission of evidence, and settlement-related communications.

[Step 2] Local Notarization

The complainant signs the power of attorney and, where necessary, has the signature notarized by a local notary public in the country of residence.

[Step 3] Apostille or Consular Authentication

The authentication method depends on the country involved.

For countries where an apostille procedure is available, the notarized document may need to obtain an apostille from the competent authority.

Where an apostille cannot be used, consular authentication through the relevant Korean diplomatic mission may be required depending on the document and intended use.

[Step 4] Send the Original Documents to Korea

Where original authenticated documents are required, they may be sent to Korean counsel through international courier services such as EMS or FedEx.

If urgent preparation is necessary, counsel may begin organizing the complaint and supporting materials using scanned copies while arranging for submission of the originals when required.

② Filing the Criminal Complaint and Responding to the Investigation Through Counsel

Once the necessary authorization documents and evidence have been prepared, Korean counsel can assist with the complaint and subsequent communications with investigative authorities.

[Step 1] Determine the Appropriate Investigative Authority and File the Complaint

The complaint may generally be filed with an appropriate police station or other competent investigative authority based on factors such as:

• The suspect’s residence;
• The place where the alleged offense occurred; or
• Other jurisdictional connections to the transaction.

In significant fraud cases, including cases potentially falling under the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, the applicable investigative strategy should be reviewed in light of the amount involved and the specific allegations.

[Step 2] Complainant Interview and Remote Cooperation

As a practical matter, investigative authorities may require statements directly from the complainant, especially where the facts are complicated or disputed.

For an overseas complainant, counsel can coordinate with the investigator regarding practical alternatives where available, such as:

• Written statements;
• Supplemental written responses;
• Video or remote interviews; or
• Other procedures accepted by the investigating authority.

Whether a personal appearance can be avoided entirely depends on the specific case and the investigator’s assessment, so this should be coordinated at an early stage.

[Step 3] Continuing Submissions and Requests for Investigative Measures

Counsel can continue to submit evidence and written opinions throughout the investigation, particularly where the suspect’s explanations conflict with objective records.

Where there is a genuine risk that the suspect may flee, conceal assets, or destroy evidence, counsel may also request that the investigative authorities consider legally available measures such as travel restrictions, account tracing, search and seizure, or other compulsory investigative measures.

Ultimately, however, whether such measures are taken is determined by the investigative authorities or the court based on the statutory requirements and evidence.

Cross-Border Fraud Cases Require a Different Practical Strategy

Criminal complaints are already complicated for people living in Korea. For overseas Koreans, foreign citizens of Korean origin, and permanent residents abroad, the additional difficulties of time-zone differences, document authentication, international delivery, and limitations on appearing before investigative authorities can make victims reluctant to pursue legal action.

However, living overseas does not necessarily prevent a fraud victim from seeking criminal investigation in Korea.

What matters is building the case properly from the beginning: preserving communications before evidence disappears, documenting the overseas transfer of funds, clearly distinguishing alleged criminal deception from an ordinary civil default, identifying Korean assets where possible, and establishing an effective structure for communicating with Korean investigative authorities through local counsel.

For overseas victims in particular, the quality of the initial complaint and the organization of the evidence can significantly affect how quickly investigators understand the case and determine what investigative measures are appropriate.