Crime of Identity Theft

The crime of identity theft does not stop at the mere misappropriation of personal information. It can cause substantial financial harm and even lead to secondary crimes.

The following are actual identity theft cases that occurred recently, and they show how serious the offense can be.

The most common harm arising from identity theft is fraud, such as voice phishing.

When a person deceives another using that person's identity and obtains a pecuniary benefit, the conduct is punished under Article 347 of the Criminal Act.

▶ Article 347 of the Criminal Act

If a person forges or alters another's identification card or related documents and uses them to activate a mobile phone or obtain a loan, the conduct may constitute forgery of a private document and uttering of a forged private document.

▶ Article 231 of the Criminal Act

▶ Article 234 of the Criminal Act

If a person collects another's identity or similar information by unlawful means and uses it for unlawful acts, that person is punished under the Personal Information Protection Act.

▶ Article 71 of the Personal Information Protection Act

A person who unlawfully uses another person's resident registration number, or who uses an image file or a copy of a resident registration card without authorization, may be subject to the following punishment under the Resident Registration Act.

A person who activates a mobile phone in another person's name or pays the charges on that person's behalf may, on the charge of violating the Telecommunications Business Act, be subject to the following punishment.

If you have been reported for the crime of identity theft, you should first determine the circumstances under which the report was filed.

After that, you need to confirm the scope of the economic harm or legal issues arising from the identity theft and pin down the extent of the damage in concrete terms.

For example, it is advisable to organize records such as the number of mobile phones activated, the loan amounts, and credit card usage history.

In addition, during a police or prosecutorial investigation, you must be sure to confirm the specific charges that have been applied to you.

Only by accurately determining the law under which you have been indicted, such as forgery of a private document, violation of the Electronic Financial Transactions Act, or violation of the Telecommunications Business Act, can you build a sound response strategy.

When the charge is admitted, an active response is needed in order to reduce the punishment.

First, it helps to demonstrate efforts to remedy the harm through a settlement with the victim.

In practice, whether a settlement is reached can have a significant impact on the sentence.

It also helps to show a sincere attitude through measures such as submitting a letter of apology and giving an honest account of the motive and circumstances of the offense.

Rather than offering mere excuses, it is advisable to set out the situation and your state of mind at the time in concrete terms and to present a plan to prevent recurrence.

Genuine remorse and efforts to remedy the harm may count as favorable factors when the court determines the sentence.

When an identity theft charge is denied, it is very important to secure as much favorable evidence as possible and prepare systematic rebuttal materials.

You should closely analyze the relevant evidence with a legal expert and prepare thoroughly so that it can be presented effectively in court.

In addition, caution is needed when giving statements during a police or prosecutorial investigation. Rather than responding on your own, it is advisable to coordinate your statements thoroughly with an attorney in advance.

This can help prevent unnecessary mistakes in your statements and allow you to convey your position clearly.