Can I report identity theft as a crime?

The case you inquired about may be judged as a crime related to identity theft.

However, there is no separate offense called the "identity theft crime," and the act of stealing another person's identity may be punished as a violation of the Resident Registration Act, the Personal Information Protection Act, or fraud under criminal law, depending on the case.

Particularly, as you mentioned, if a third party impersonates your identity to demand money, this may be subject to a criminal complaint as fraud under criminal law.

However, for fraud to be established, since acquiring property benefit by deceiving another person was required, it must be proven that they actually received money or obtained benefits.

The statutory penalty for fraud is stipulated as imprisonment of up to 10 years or a fine of up to 20 million won, and it can be punished quite heavily.

In addition, even if the other party did not actually acquire money, if there were attempts or preparations to obtain property benefits, there is also a possibility of being punished as attempted fraud under Article 352 of the Criminal Act, but this requires legal review.

Therefore, it is important for you to secure the original identity theft fact, the conversation contents of the impersonating account, the circumstances of the money transfer request, and account information.

In summary, your case can be subject to a criminal complaint as fraud depending on the case, and we recommend a quick response to prevent further damage from identity theft.