Filing a Criminal Complaint on Your Behalf

Rather than writing at length about how unfairly you were treated, what matters is meeting each element of the crime one by one. For fraud, write in date order what the other person lied about and how, when and how much you sent because you believed them, and what loss resulted, and attach evidence for each fact.

Stating unconfirmed matters as certain or exaggerating the harm lowers the credibility of your statements during the investigation and, in serious cases, raises an issue of false accusation (무고). Separate what you know from what you suspect, and for suspicions, ask the investigators to confirm them.

• The accused person's personal details (if unknown, clues to identify them, such as phone number, bank account number or nickname)
• The facts of the complaint, set out in date order
• A list of evidence matching each fact
• The amount of loss and how it was calculated
• Requests to the investigators (tracing bank accounts, securing footage, and so on)

If the statute of limitations has run out, or the complaint period for a crime prosecuted only upon complaint (친고죄) has passed, filing will not lead to punishment. For such crimes, you must file within 6 months from the day you learned who the offender was (Criminal Procedure Act Article 230), and under an amendment in December 2025, fraud and embezzlement between relatives can also only be punished if a complaint is filed.

Also decide in advance whether the other person may file a counter-complaint, and whether to pursue a civil lawsuit or provisional attachment (가압류) at the same time. A criminal complaint alone does not get your money back, so if recovery is your goal, the order of steps needs to be planned together.

With the abolition of the Prosecutors' Office (검찰청) and the launch of the Public Prosecution Service (공소청), prosecutors no longer investigate directly. You file the complaint with the police, and the police must complete the investigation and decide whether to refer the case within 3 months from the date they accept the complaint (Criminal Procedure Act Article 238, for cases accepted on or after October 2, 2026).

Once the case is referred, the prosecutor reviews the record, decides whether to indict, and asks the police for supplementary investigation where something is lacking. The complainant can request a meeting with the prosecutor to state their views, and the prosecutor decides whether to accept it based on need (Criminal Procedure Act Article 245-13). Supplementary written opinions after referral are prepared to fit this process.

When the police decide not to refer a case, they must send the complainant the decision and information on how to object within 7 days (Criminal Procedure Act Article 245-6). The decision states the conclusion and reasons, such as no charge (혐의없음) or not a crime (죄가안됨), so start by reading which element they found lacking.

If you received the notice on or after October 2, 2026, file the objection within 3 months from receiving it; once you do, the case goes to the prosecutor. The objection should include new materials and legal arguments that fill the gaps the decision pointed out. If the prosecutor finds the non-referral unlawful or unjustified, they can also ask the police to reinvestigate (Criminal Procedure Act Article 245-8).

If the offender is indicted, the victim can apply to testify in court as a witness and has the chance to state views on the harm suffered and the punishment (Criminal Procedure Act Article 294-2). The victim can also apply to inspect and copy the trial record (Article 294-4).

If a settlement offer comes during the investigation or trial, consider not only the amount but whether to write a statement of no wish to punish (처벌불원서), and, if payment is in installments, whether to write it only after payment is complete. For crimes that cannot be prosecuted against the victim's wishes, once you state that you do not want punishment, you cannot change your mind.