We don't hand you off to office managers or associate lawyers. The managing partner consults with you in person and handles mock questioning, sitting in on questioning and the defense written opinion.
From the day the police call, your mind starts racing. The more you search online, the more anxious you get, and the questioning date draws closer while you still don't know where to start. Jisan Law's Criminal Law Center sorts out what needs to be done first. Together we go over what you are accused of, what records exist, and which parts to dispute and which to admit.
At Jisan Law, we don't hand you off to office managers or associate lawyers. The managing partner handles your first consultation in person. Once we take the case, we run mock questioning with likely questions, go into the interview room with you, and submit a defense written opinion after questioning. The lawyer in charge does all of this personally.
We offer consultations at our main office in Seoul and our branch offices in Incheon, Hongseong and Songpa. You can send us a message through the chat on this page at any time, including weekends and public holidays. If time is short, as with an arrest, message us at any hour of the night.
Fraud
Embezzlement, breach of trust
Occupational embezzlement, breach of trust
Fraud, embezzlement, breach of trust (gain of KRW 500 million to under KRW 5 billion)
| Offense | Legal basis | Statutory penalty | Notes |
|---|---|---|---|
| Fraud | Criminal Act Article 347 | Up to 20 years' imprisonment or a fine of up to KRW 50 million (as amended on December 23, 2025) | The Specific Economic Crimes Act applies if the gain is KRW 500 million or more |
| Embezzlement, breach of trust | Criminal Act Article 355 | Up to 5 years' imprisonment or a fine of up to KRW 15 million | |
| Occupational embezzlement, breach of trust | Criminal Act Article 356 | Up to 10 years' imprisonment or a fine of up to KRW 30 million | The Specific Economic Crimes Act applies if the gain is KRW 500 million or more |
| Fraud, embezzlement, breach of trust (gain of KRW 500 million to under KRW 5 billion) | Specific Economic Crimes Act Article 3 | Imprisonment for a fixed term of 3 years or more | KRW 5 billion or more: life imprisonment or 5 years or more |
| Assault | Criminal Act Article 260 | Up to 2 years' imprisonment, a fine of up to KRW 5 million, short-term detention or a petty fine | Cannot be punished if the victim does not want punishment |
| Injury | Criminal Act Article 257 | Up to 7 years' imprisonment, suspension of qualifications for up to 10 years, or a fine of up to KRW 10 million | Can be punished even after a settlement |
| Special injury | Criminal Act Article 258-2 | 1 to 10 years' imprisonment | No fine option |
| DUI (0.03% to under 0.08%) | Road Traffic Act Article 148-2 | Up to 1 year's imprisonment or a fine of up to KRW 5 million | Heavier if you violate again within 10 years of a fine or heavier sentence becoming final |
| DUI (0.08% to under 0.2%) | Road Traffic Act Article 148-2 | 1 to 2 years' imprisonment or a fine of KRW 5 million to 10 million | Heavier if you violate again within 10 years of a fine or heavier sentence becoming final |
| DUI (0.2% or more) | Road Traffic Act Article 148-2 | 2 to 5 years' imprisonment or a fine of KRW 10 million to 20 million | A repeat violation within 10 years of a fine or heavier sentence becoming final: 2 to 6 years' imprisonment or a fine of KRW 10 million to 30 million |
| Refusing a breathalyzer test | Road Traffic Act Article 148-2 | 1 to 5 years' imprisonment or a fine of KRW 5 million to 20 million | |
| Injury caused by dangerous driving | Act on the Aggravated Punishment of Specific Crimes Article 5-11 | 1 to 15 years' imprisonment or a fine of KRW 10 million to 30 million | If it causes death: life imprisonment or 3 years or more |
The statutory penalty is the range of punishment set by law. The actual decision and sentence depend on factors such as criminal record, making up for the harm and whether a settlement was reached. Based on laws in force as of October 2026.
Your first statement stays on record
A statement you sign in the statement record becomes the basic material for deciding whether to refer the case and whether to indict. If what you say first differs from what you say later, it often leads to the view that your whole statement is hard to believe.
After an arrest, things are decided within 48 hours
If a detention warrant is not requested within 48 hours of the arrest, the person must be released (Criminal Procedure Act Article 200-2, etc.). Materials for the pre-detention hearing must be prepared within that time.
From October 2026, prosecutors no longer investigate directly
The Prosecutors' Office is abolished. The Public Prosecution Service (공소청) handles indictments, and the police and the Serious Crimes Investigation Agency (중대범죄수사청) handle investigations. Prosecutors decide based on the records and request supplementary investigation if something is missing, so statements and materials from the investigation stage may carry even more weight.
Submit a written opinion before the decision is made
It must be submitted before the police decide whether to refer the case and before the prosecutor decides whether to indict, or it will not be reflected. Right after questioning, while your memory is fresh, is a good time to write it.
What happens at each stage, and how we respond.
The steps from the day you are asked to appear until the prosecutor decides whether to indict. Based on the amended Criminal Procedure Act in force from October 2, 2026
The request to appear (출석요구서) must state the gist of the alleged facts (Investigation Rules (수사준칙) Article 19(3))
Write down the case number, the department and investigator in charge, what you are accused of, and whether you are a suspect (피의자) or a witness (참고인). If the call came from an unfamiliar number, call the police station's main number back to confirm. You don't need to explain the case at length on the phone; it is enough to set a date.
· The call itself can be written up in an investigation report, so it is fine to say you will explain the details when you come in.
If this is your first time dealing with this, start here. Each guide explains what to do first.
JISAN LAW has 7 lawyers. The lawyers below handle these cases directly, and colleagues in other fields join when a case requires it.
Hansol Kim Managing Partner
Former prosecutor at the Incheon District Prosecutors' Office, the Ansan Branch of the Suwon District Prosecutors' Office and the Hongseong Branch of the Daejeon District Prosecutors' Office
Bonwoo Koo Managing Partner
Economic criminal cases such as Capital Markets Act violations, investment fraud, embezzlement and breach of trust
2026.01.11Criminal
Foreigners go through immigration procedures separately from the criminal process. This article sets out the standards for deportation depending on the type of sentence, and the issues that remain when a case ends with a fine or a suspended indictment.
Hansol Kim Managing Partner2026.04.06Criminal
It is easy to think that once you file a complaint, the police will work everything out. This article covers where a victim's statement tends to waver in a complainant interview and what to prepare in advance.
Hansol Kim Managing Partner2026.05.09Criminal
Many people expect that if counsel is present, they will block difficult questions on their behalf. This article explains what counsel actually does in the interview room and what they cannot do.
Hansol Kim Managing Partner2026.03.31Criminal
Not every failure to get lent money back is fraud. This article explains how investigators look at the circumstances on the day the money changed hands.
Hansol Kim Managing Partner2026.03.03Criminal
Even in the same fight, if the case is treated as assault, a statement of non-desire for punishment ends it, but if it becomes bodily injury, you can be punished even after settling. This article looks at what a medical certificate means and when to settle.
Hansol Kim Managing Partner2026.01.09Criminal
The statutory penalty for drunk driving is set by blood alcohol concentration and any record within 10 years. This article explains how the 10 years are counted and the figures for license sanctions, which proceed separately from criminal punishment.
Hansol Kim Managing PartnerYou can adjust the date and time by discussing it with the investigator. Rather than rushing, it is safer to find out what you are accused of and decide how to give your statement before you go. A lawyer can sit in on the questioning of a suspect (Criminal Procedure Act Article 243-2).
A suspect has the right to remain silent. You can refuse to answer all or some questions, and you cannot be disadvantaged for doing so (Criminal Procedure Act Article 244-3). In some cases, though, it is better to explain actively, so we decide how much to say after reviewing the materials before questioning.
Whether to request a detention warrant is decided within 48 hours of the arrest. A lawyer can visit right after the arrest, so contact us immediately. If a warrant is requested, a judge questions the suspect in person (Criminal Procedure Act Article 201-2), and we prepare a written opinion and documents on residence, work and family for that hearing. You can send us a message through the chat on this page at any time, including weekends and public holidays.
Once the case is referred, the prosecutor decides whether to indict. From October 2, 2026, the Prosecutors' Office is abolished and prosecutors at the Public Prosecution Service handle indictments. Prosecutors do not investigate directly, and if more is needed, they request supplementary investigation by the police (Criminal Procedure Act Article 197-2). Before the indictment decision, we can submit a defense written opinion to seek a decision of no charge due to lack of suspicion (혐의없음) or a suspended indictment (기소유예).
Being accused does not mean you will be detained right away. A judge orders detention when there is substantial reason to suspect you committed a crime and you have no fixed residence, or there is a risk you will destroy evidence or flee (Criminal Procedure Act Articles 70 and 201). In embezzlement cases, the first issues are whether the money was held for the company and whether you spent it within your authority. The amount of loss and whether it was repaid greatly affect the outcome.
The key is whether you intended and were able to repay when you borrowed. If you could not repay because things got worse after borrowing, it may not be fraud. The judgment is based on the time you borrowed, so organize your income and assets at that time, your repayment history and the messages you exchanged, in time order.
It depends on the offense. For crimes that cannot be punished if the victim does not want punishment (반의사불벌죄), such as assault, threats and defamation, a settlement can end the case. For crimes such as injury, fraud and embezzlement, you can be punished even after a settlement, but it counts in your favor when the decision and sentence are set. The timing and method of the settlement also affect the outcome. If it is hard to contact the victim yourself, Jisan Law handles settlement contact on your behalf.
Under the Attorney-at-Law Act, lawyers must keep secret what they learn in the course of their work (Attorney-at-Law Act Article 26). We do not disclose the fact or content of a consultation without the client's consent.
You can consult us at any of our 4 offices. Visit the one nearest to you.
Seoul Main Office
6F Jisan Bldg., 109 Seochodae-ro 46-gil, Seocho-gu, Seoul
View map →Incheon Office
Room 606, KR Law Tower, 6 Ieum 4-ro, Geomdan-gu, Incheon
View map →Hongseong Office · Songpa Office: address to be announced
For consultations, please message us through the chat on this page.
Send us a message on one of the messengers below. Our staff replies in the chat first and passes your case to the lawyer in charge.