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What Does Marriage Fraud Mean Under Korean Law?

In the past, Korea had a specific offense called "fraud through the pretense of marriage" (former Article 304 of the Criminal Act), which punished having sexual intercourse under a false promise of marriage.

However, in 2009 the Constitutional Court ruled this provision unconstitutional, retroactively nullifying its effect,

and the provision was completely abolished when the Criminal Act was amended on December 18, 2012.

Today, "marriage fraud" is therefore not a separate criminal offense. Instead, it is prosecuted as ordinary fraud under Article 347 of the Criminal Act where a person, without any real intention of marrying, deceives another person into believing otherwise in order to obtain financial gain.

If the amount defrauded is KRW 500 million or more, the offender may face aggravated punishment under Article 3 of the Act on the Aggravated Punishment of Specific Economic Crimes.

• A simple broken engagement, breakup, or failed relationship is not, by itself, punishable.
• The key question is whether the person never had the intention or ability to marry from the outset, yet deceived the victim to obtain money.
• Proving the causal link between the deceptive act and the transfer of property is the decisive factor in determining guilt or innocence.

In other words, for fraud to be established, a sequential causal relationship must be recognized among the deceptive act, the victim's mistaken belief, and the victim's disposal of property.

What Is the Process, From Investigation to Trial?

When allegations of marriage fraud arise, the case typically proceeds through the following stages.

• Filing a complaint - The victim files a fraud complaint with the police.
• Investigation begins - Police examine phone records, text messages, bank account transactions, and other evidence of deception and the flow of funds.
• Suspect questioning - Statements are obtained on whether the suspect genuinely intended to marry.
• Referral to the prosecution and a decision on indictment.
• Trial proceedings - The court reaches a final determination on guilt and sentencing.

Because how the existence of an intent to marry is proven often determines the outcome of the case, anyone who has been accused of, or victimized by, marriage fraud should seek legal assistance from the earliest possible stage.

A Real Case of Marriage Fraud

[Case We Handled]

Ms. B, a woman in her 40s, gave tens of millions of won to a man who had promised to marry her, claiming the money was for business capital, but he disappeared just before the wedding.

The investigation revealed that he had already taken money from several other victims in different regions using the same scheme, and his deliberate deception was recognized, leading to his indictment for fraud.

As this case shows, the outcome of a marriage fraud case often depends on how thoroughly the repeated scheme and the flow of funds can be uncovered.

The Role of a Lawyer, and Why You Should Work With Decent

Marriage fraud cases call for the following professional approach.

• Analyzing phone records, messages, and account data to substantiate the intent to deceive.
• Developing a statement strategy tailored to the client's position, whether victim or suspect.
• Reviewing whether to pursue a criminal complaint and a civil claim for damages in parallel.

Decent Law Firm has extensive experience handling property crime cases, closely analyzing each client's situation and building a systematic strategy from the complaint-preparation stage through investigation and trial.

We stand by clients who are exhausted, financially and emotionally, by marriage fraud, working to ensure they are not disadvantaged from beginning to end.

If you have already suffered harm or been accused, we recommend consulting a lawyer experienced in property crime rather than making decisions on your own.

Decent Law Firm is always ready to provide prompt, accurate legal consultation to help you find the best direction for your situation.