Calculators & Self-ChecksProsecution Request Estimator
Using a lost or stolen credit card: statutory penalty and likely requested sentence
The statutory penalty for Using a lost or stolen credit card and the likely handling of the case depending on your circumstances. The results are for reference only.
- Statutory penalty
- Up to 7 years in prison or a fine of up to KRW 50 million
- Legal basis
- Credit Finance Business Act (여신전문금융업법), Article 70(1)(3) and (4)
- Category
- Property · Credit Finance Business Act (여신전문금융업법)
Calculate with your own circumstances
What the handling steps mean
- Detention considered · Detention (구속): being held in custody during the investigation and trial under a court warrant when there is a risk of fleeing or destroying evidence
- Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
- Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
- Suspension of indictment possible · Suspension of indictment (기소유예): the wrongdoing is recognized, but the prosecutor takes various circumstances into account and closes the case without sending it to trial
- Referral to the Family Court possible · Domestic or juvenile protection case: instead of criminal punishment, the Family Court imposes protective dispositions such as counseling, a no-contact order or community service
Handling standards at a glance
Listed from heaviest to lightest. The actual decision depends on the results of the investigation and your circumstances.
Detention considered
- Likely requested sentence
- 1 year 6 months or more in prison
If punished together with theft, robbery, etc., 6 months to 1 year is added.
Formal trial (prison sentence requested)
- Likely requested sentence
- 10 months or more in prison
Summary fine
A fine equal to the amount used.
Summary fine
Repaying or depositing the money may reduce it to about half of the amount used.
Notes
- Stealing or picking up the card itself (theft or embezzlement of lost property) and buying goods with it (fraud) may also be at issue.
Frequently asked questions
- Using a lost or stolen credit card: what is the statutory penalty?
- Legal basis: Credit Finance Business Act (여신전문금융업법), Article 70(1)(3) and (4). Statutory penalty: Up to 7 years in prison or a fine of up to KRW 50 million.
- Using a lost or stolen credit card: how is the case usually handled?
- Depending on the circumstances, it may be handled as follows: Detention considered, Formal trial (prison sentence requested), Summary fine. Enter your circumstances in the calculator above to see which one applies.
Other crimes in the same category
This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case, such as a settlement, prior convictions and how the crime happened, and on the judgment of the prosecutor in charge; the final sentence is decided by the court. If you are about to be questioned, do not rely on this result alone and talk to a lawyer first.
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