The flow of a fraud complaint: from filing to a compensation order

When it constitutes fraud

Under Article 347 of the Criminal Act, a person who deceives another and receives property or obtains a pecuniary advantage is punished by up to 10 years in prison or a fine of up to KRW 20 million. The issues are the fact of deception and the causal link that you handed over money because of it.

If the loss exceeds KRW 500 million, the punishment becomes heavier under Article 3 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the “Specific Economic Crimes Act”, 특정경제범죄법): for KRW 500 million to under KRW 5 billion, a fixed-term prison sentence of at least 3 years, and for KRW 5 billion or more, life imprisonment or at least 5 years in prison.

In organized voice phishing or investment fraud, other charges may be added, such as organizing a criminal group or violating the Electronic Financial Transactions Act or the Act on the Regulation of Conducting Fund-Raising Business without Permission.

What the complaint must contain

The investigation starts from what is written in the complaint. If the facts are jumbled or not linked to evidence, the case can easily fizzle out.

• Information identifying the accused: if you do not know the name, use the account number and account holder, nickname, contact details, and Telegram ID instead
• The deception process and transfer details, organized in chronological order
• A list of evidence supporting each claim (conversations, transfer confirmations, app and site addresses)
• The charges to be applied and the reasons

The complaint can be filed at a nearby police station, and after filing, the case may be transferred to the investigative agency responsible for the accused's address or the place of the crime. If there are many victims of the same organization, the cases are sometimes consolidated and investigated in one place.

When a non-referral decision is made

If the police find no suspicion and make a non-referral decision (the police decide not to send the case to a prosecutor), the complainant is notified. The complainant can then file an objection with the head of the police office concerned, and once an objection is filed, the case is referred to the prosecutor (Article 245-7 of the Criminal Procedure Act).

Following the 2026 amendment, the objection period is 3 months from the date of notification. It may be extended if there is a justifiable reason, but file within the deadline if at all possible. The objection should state concretely, with evidence, which parts of the police's judgment were wrong and why.

Compensation orders: recovering losses in the criminal trial

If the offender is brought to trial, the victim can apply in that criminal trial for an order to pay the loss, without a separate civil lawsuit (see Article 25 of the Act on Special Cases Concerning Expedition of Legal Proceedings (the “Legal Proceedings Expedition Act”, 소송촉진법)). Fraud is one of the crimes covered.

The application can be made until the closing of arguments in the first or second instance, and if granted, the judgment serves as an enforceable title. However, it may be dismissed if the amount of loss is unclear or the defendant disputes the scope of liability, so it is safer to prepare a separate civil claim as well.

Frequently Asked Questions

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Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026