IPG Legal has secured more than 60 not-guilty verdicts in Korean criminal law cases, including a recent acquittal for a client who was the victim of a catfishing drug-importation scam. For more information on Korean Criminal Law, please see: IPG Legal’s Criminal Law Archive.
A Recent Acquittal for a Victim of a Catfishing Drug-Importation Scam
IPG Legal recently obtained a not-guilty verdict for a victim of a catfishing scam involving drug importation. We are keeping the client’s identity and identifying circumstances confidential. However, the case raises a question that deserves careful attention in any prosecution involving alleged deception: did the accused knowingly participate in criminal activity, or did someone else manipulate them into circumstances they did not understand?
Catfishing commonly involves a fabricated online identity used to establish trust. In romance-related scams, that trust can become a tool of manipulation: the victim believes they are dealing with a genuine romantic partner or close acquaintance, while the person behind the account pursues a hidden objective. The FBI describes this use of false identities and manufactured relationships as a defining feature of romance fraud.
Why Knowledge and Intent Matter Under Korean Criminal Law
A person’s connection to an event and their criminal responsibility for that event are not necessarily the same thing. Article 13 of Korea’s Criminal Act establishes the general rule that an act committed without knowledge of the facts constituting an offense is not punishable, unless a statute provides otherwise. In a case involving alleged deception, this makes the accused’s knowledge central.
Article 14 of the Korean Criminal Code addresses negligence, providing that conduct arising from a failure to exercise normal care is punishable only where a statute specifically provides for punishment. The distinction matters: an accusation that someone was insufficiently careful does not automatically establish the intent required for an intentional offense. These principles do not, however, make “I was scammed” a simple defense. A responsible defense attorney in Korea must address the full evidentiary picture, including unfavorable facts. It should explain the client’s position supported by the available evidence, while identifying weaknesses in the prosecution’s case.
More Than 60 Not-Guilty Verdicts: A Record Built Around the Defense of Clients
IPG Legal’s criminal-defense record includes more than 60 not-guilty verdicts in Korea. We take pride in that record because each verdict concerns a person, not merely a file number or a statistic. Too often, lawyers push clients to plead guilty when they are not guilty, and these lawyers do not fully understand the ramifications of a not-guilty verdict for expats. Pleading guilty is easy for a lawyer in most cases; however, fighting for a not-guilty verdict is stressful and time-consuming. The best lawyers excel in this situation.
A defense strategy should not automatically move to apologies and requests for leniency without first examining whether the prosecution can establish the alleged offense. Equally, a lawyer should not promise an acquittal or disregard difficult evidence simply because that is what a client hopes to hear. Honesty matters, and so does your legal team. Please read the article: Hiring a Defense Attorney in Korea.
IPG Legal and Sean Hayes
IPG Legal’s Korean criminal-defense practice brings together Korean and international legal experience. The team includes former judges and prosecutors, as well as leading international lawyers. Our approach emphasizes proactive representation, direct communication, and street smarts.
Sean Hayes is the first non-Korean to work in the Korean court system and has more than two decades of experience handling Korean and international matters. He is consistently rated as one of the top attorneys handling cases in Asia. Schedule a call with us via Contact Us.