Impersonation: The Crime of Impersonation, Penalties, and Specialist Attorneys

What Is Impersonation?

Impersonation means falsely misrepresenting your own information, such as your name, occupation, gender, address, age, or educational background.

Impersonation usually becomes an issue online.

Because of the nature of the internet, where you cannot verify the other person, it is not easy to confirm impersonation even when it occurs.

In particular, there are many problems when someone impersonates an influencer to cause harm, demand money or valuables, or propose improper conduct.

The Crime of Impersonation

The crime of impersonation is not defined as a standalone offense in the law. However, depending on the circumstances, it can be punished under several different charges.

Penalties for Impersonation

Impersonation may be punished under charges such as the following.

Fraud
Impersonating the status of a public official
Defamation
Violation of the Framework Act on Telecommunications
Falsification of private electronic records, and others

Fraud

Fraud is governed by Article 347 of the Korean Criminal Act.

Article 347 (Fraud) ①A person who, by deceiving another, obtains the delivery of property or acquires a pecuniary advantage shall be punished by imprisonment for not more than 10 years or by a criminal fine not exceeding 20 million won. <Amended Dec. 29, 1995>

②The preceding paragraph shall also apply where a person, by the method described in that paragraph, causes a third party to receive the delivery of property or to acquire a pecuniary advantage.

Impersonating the Status of a Public Official

The crime of impersonating the status of a public official is governed by Article 118 of the Korean Criminal Act.

Article 118 (Impersonation of the Status of a Public Official) A person who impersonates the status of a public official and exercises the authority thereof shall be punished by imprisonment for not more than 3 years or by a criminal fine not exceeding 7 million won.

Defamation

Defamation is governed by Article 307 of the Korean Criminal Act.

Article 307 (Defamation) ①A person who damages the reputation of another by publicly alleging facts shall be punished by imprisonment or imprisonment without labor for not more than 2 years or by a criminal fine not exceeding 5 million won. <Amended Dec. 29, 1995>

②A person who damages the reputation of another by publicly alleging false facts shall be punished by imprisonment for not more than 5 years, suspension of qualifications for not more than 10 years, or by a criminal fine not exceeding 10 million won. <Amended Dec. 29, 1995>

Violation of the Framework Act on Telecommunications

Violation of the Framework Act on Telecommunications (전기통신기본법) refers to a violation of Article 47 of that Act.

Article 47 (Penalty Provisions) ① Deleted <Dec. 22, 2015>

②A person who, for the purpose of benefiting themselves or another or of causing harm to another, publicly transmits false communications by means of telecommunications equipment shall be punished by imprisonment for not more than 3 years or by a criminal fine not exceeding 30 million won. <Amended Dec. 30, 1996>

③In the case of paragraph 2, where the false communication concerns a telegraphic money order, the person shall be punished by imprisonment for not more than 5 years or by a criminal fine not exceeding 50 million won. <Amended Dec. 30, 1996>

④ Where a person engaged in telecommunications work commits the act under paragraph 3, the person shall be punished by imprisonment for not more than 10 years or by a criminal fine not exceeding 100 million won, and, where the person commits the act under paragraph 2, the person shall be punished by imprisonment for not more than 5 years or by a criminal fine not exceeding 50 million won. <Amended Dec. 22, 2015>

[By Act No. 13586 of Dec. 22, 2015, Article 47(1), which was found unconstitutional by the Constitutional Court on Dec. 28, 2010, was deleted]

Falsification of Private Electronic Records

The crime of falsification of private electronic records is governed by Article 232-2 of the Korean Criminal Act.

Article 232-2 (Falsification or Alteration of Private Electronic Records) A person who, for the purpose of disrupting the handling of affairs, falsifies or alters another person's electronic records or other special media records concerning rights, obligations, or certification of facts shall be punished by imprisonment for not more than 5 years or by a criminal fine not exceeding 10 million won.

Criminal Defense Attorney

As shown above, impersonation in itself is not recognized as a crime, but it is highly likely to lead to other offenses.

However, because the applicable law differs depending on the situation and the matter can be complex, if you have been the victim of an impersonation crime, we recommend that you consult a criminal defense attorney.

Self-Defense: Requirements and Standards Explained

Self-defense means that even when an act would otherwise constitute a crime, no offense is established when the act is a defensive response to a danger threatening oneself or another person nearby. Self-defense is governed by Article 21 of the Korean Criminal Act. Article 21 (Self-Defense) (1) An act performed to defend one's own or another person's legal interest against a present and unjust infringement shall not be punishable where there are reasonable grounds for doing so. (2) Where a defensive act exceeds the proper degree, the punishment may be mitigated or remitted depending on the circumstances. (3) In the case of paragraph (2), where the act was committed out of fear, fright, excitement, or confusion at night or under other unsettling conditions, it shall not be punishable. Requirements for Self-Defense The requirements for self-defense are as follows: there must be an unjust situation of infringement, the infringement must be present, the act must be defensive..

Other Criminal Law May 8, 2025

Negligent Homicide: Elements, Types, Negligence, and Occupational Punishment

What is negligent homicide? Negligent homicide is the crime of causing a person's death through negligence. Article 267 of the Korean Criminal Act, which governs negligent homicide, reads as follows. Article 267 (Negligent Homicide): A person who causes the death of another through negligence shall be punished by imprisonment without labor for not more than 2 years or by a criminal fine not exceeding KRW 7 million. Types of negligent homicide are as follows: negligent homicide, occupational negligent homicide, and gross negligent homicide. Elements of negligent homicide: negligence in negligent homicide is governed by Article 14 of the Korean Criminal Act. The elements of negligent homicide are: 1. a situation caused by negligence; 2. causing the death of a person. Article 14 (Negligence): An act that fails to recognize the facts constituting the elements of a crime due to a failure to exercise the care normally required is punishable only when there is a special provision in the statute. The elements of a negligence offense are: 1. breach of an objective duty of care; 2. the elements constituting the crime..

Other Criminal Law April 22, 2025

Destruction of Property: Types and Elements of the Offense

Destruction of property refers to the act of impairing the utility of another person's property, documents, or special media records such as electromagnetic records by damaging, concealing, or otherwise affecting them. A person who commits destruction of property is subject to imprisonment for up to 3 years or a criminal fine of up to KRW 7 million. Types of destruction of property The types of destruction of property are as follows. Destruction of property, etc.: A person who impairs the utility of another's property, documents, or special media records such as electromagnetic records by damaging, concealing, or other means is subject to imprisonment for up to 3 years or a criminal fine of up to KRW 7 million. Destruction of a structure for public use: A person who destroys a structure used for the public benefit is subject to imprisonment for up to 10 years or a criminal fine of up to KRW 20 million. Aggravated destruction: Where a person commits either of the above two offenses and thereby endangers the life or body of another, the person is subject to imprisonment for not less than 1 year...

Other Criminal Law March 27, 2025

Suspended Sentence (Probation): Requirements, Effects, Criminal Record, Invalidation, and Revocation

What is a suspended sentence? A suspended sentence (probation) is a system in which the court imposes a sentence but delays its execution for a set period; if that period passes without incident, the pronouncement of the sentence loses its effect and the sentence is not carried out. It can be described as a system that opens a path for the defendant to return to society on their own without serving the sentence. For example, if you receive a sentence of 1 year of imprisonment suspended for 2 years, the 1-year prison term is extinguished provided you commit no offense during the 2-year period. The requirements for a suspended sentence are as follows: when imposing a sentence of imprisonment or imprisonment without labor of 3 years or less, or a criminal fine of KRW 5 million or less; grounds worthy of mitigating consideration; and that the offense was not committed within the period running up to 3 years after a judgment imposing imprisonment without labor or a heavier sentence became final and its execution was completed or remitted. The sentencing threshold for a suspended sentence is 3 years or..

Other Criminal Law January 22, 2025