Busan Jeonse Fraud — Criminal Complaint (Fraud Crime) · Security Deposit Refund Lawsuit Integrated Criminal and Civil Response Procedure Complete Summary
Author: lawfirm DH (Responsible Attorney) This content has been written in compliance with the Attorney Act and the Korea Bar Association advertising regulations.
If You Have Been Victimized by Jeonse Fraud in Busan — Why You Must Move Forward in Both Criminal and Civil Proceedings Simultaneously
When you have not recovered your security deposit and contact with the landlord has been lost, there is something you must understand before "where should I report this right now." Criminal complaints and civil lawsuits are separate procedures with different objectives, and designing both together from the beginning increases the likelihood of actually recovering your security deposit.
Let me tell you the conclusion upfront. Recovering from jeonse fraud damage is most practically effective when conducting both criminal complaints (fraud crime prosecution) and civil lawsuits (security deposit recovery) simultaneously.
The purpose of a criminal complaint is to have the landlord punished for fraud, and the purpose of a civil lawsuit is to force the return of the security deposit. Since the two procedures have different objectives, filing a criminal complaint does not automatically result in the security deposit being refunded. According to relevant legal materials, criminal prosecution and security deposit recovery are separate paths, and practical damage recovery is only possible when pursuing both procedures in parallel.
🔍 Key Distinction — Criminal vs Civil ▪ Criminal Complaint → Landlord Fraud Crime Punishment (Imprisonment · Fine) ▪ Civil Lawsuit → Forced Security Deposit Recovery (Judgment + Compulsory Execution) ▪ Parallel Procedures → Synergy of Criminal Pressure + Civil Claim Securing
Depending on the case type (shell jeonse · duplicate contracts · loss of contact · multiple victim serial cases, etc.), the priority of strategy may vary. Therefore, accurately understanding the current situation is the first step.
Integrated Response of Criminal Complaint + Civil Lawsuit — Statutory Provisions, Procedures, Core Issues
Requirements for Fraud Crime — Article 347 of the Criminal Act
According to materials from the National Law Information Center, Article 347 of the Criminal Act (Fraud Crime) prescribes imprisonment of not more than 20 years or a fine of not more than 50 million won for those who deceive a person and receive delivery of property or obtain economic gain.
In jeonse fraud criminal complaints, the key is not "I don't have the money now to return it," but rather "Did the landlord hide or deceive important facts at the time of contract, and as a result did the tenant perform the act of delivering the security deposit?" According to relevant legal materials, the objective constituent elements of fraud crime consist of ① fraudulent conduct, ② the other party falling into misunderstanding, ③ the other party's delivery or disposal of property, and ④ acquisition of property or economic gain. The boundary between simple breach of contract and fraud crime lies precisely in proving the 'fraudulent intent at the time of contract.'
If circumstances are confirmed such as setting additional subordinate mortgages while holding multiple properties, non-disclosure of mortgages, tax arrears, loss of contact, and repeated failure to return security deposits and tenant registration mortgages by multiple tenants, investigative agencies can comprehensively examine whether fraudulent intent existed at the time of contract.
Criminal Procedure — Step-by-Step Flow
▪ Step 1 — Preparation and Filing of Complaint (Relevant Police Station or Prosecutor's Office) ▪ Step 2 — Police Investigation (Interrogation of Complainant · Suspect, Securing Evidence such as Lease Contracts · Registry · Financial Transaction Records) ▪ Step 3 — Decision on Referral to or Non-referral to Prosecution ▪ Step 4 — Prosecution Indictment ▪ Step 5 — Progression of Criminal Trial ▪ Concurrent with Step 5 — Restitution Order Application: A system allowing direct claim for damages within criminal trial proceedings without separate civil litigation. According to relevant legal materials, if a victim submits a restitution order application while criminal proceedings are ongoing, a restitution order can be received simultaneously with a guilty verdict, thereby reducing the cost of separate civil litigation.
Civil Procedure — Three Core Steps
① Immediate Measures — Tenant Registration Mortgage + Provisional Seizure
The most important first measure to preserve the security deposit while civil litigation proceeds is to establish a tenant registration mortgage and proceed with provisional seizure or provisional disposition against the landlord's property. If provisional seizure is not placed before the landlord removes assets, compulsory execution may become impossible even if you win the lawsuit.
② Tenant Registration Mortgage Order — Article 3-3 of the Housing Lease Protection Act
According to materials from Easy-to-Find Life Law Information, the Housing Lease Protection Act provides that if the security deposit is not returned after the lease ends, the tenant may apply for a tenant registration mortgage order. Once tenant registration mortgage is completed, the already acquired opposability and preferential repayment right are not lost. Even after moving, you can maintain your right to recover the security deposit, so application should be considered immediately upon contract termination.
③ Security Deposit Refund Claim Lawsuit and Compulsory Execution
Even after obtaining a judgment of victory in the lawsuit, the judgment document remains a document without enforcement power if actual asset recovery cannot be secured through compulsory execution. According to relevant legal materials, the practical endpoint of legal response to jeonse fraud is debt collection and compulsory execution. It is important to identify in advance whether execution is possible against the landlord's real estate, deposits, vehicles, etc.
Criminal vs Civil Procedure Comparison
| Classification | Criminal Complaint (Fraud Crime) | Civil Lawsuit (Security Deposit Refund Claim) |
|---|---|---|
| Objective | Criminal Prosecution of Landlord | Forced Security Deposit Recovery |
| Subject | State (Prosecutor) | Victim Tenant Themselves |
| Core Proof | Fraudulent Intent at Time of Contract | Lease Contract + Security Deposit Payment Fact |
| Result | Imprisonment · Fine (Security Deposit Not Directly Returned) | Judgment + Compulsory Execution for Recovery |
| Parallel Possible | ✔ Concurrent Proceeding Possible | ✔ Concurrent Proceeding Possible |
| Restitution Order Application | Possible in Parallel During Criminal Trial | Separate Lawsuit Procedure |
Jeonse Fraud Victim Special Law Support
According to materials from Easy-to-Find Life Law Information, the Special Act on Support for Jeonse Fraud Victims and Housing Stability (effective June 1, 2023) has extended the victim determination application validity period to May 31, 2027.
According to the Ministry of Land, Infrastructure and Transport Jeonse Fraud Victim Support Management System, the four major requirements for victim determination under the special law are as follows:
▪ ① Possess Address Registration + Confirmed Date ▪ ② Security Deposit Amount of 5 Billion Won or Less ▪ ③ Two or More Victims Occurring ▪ ④ Reasonable Grounds to Suspect Landlord Had Intent Not to Perform Security Deposit Refund Obligations (Investigation Commencement, Fraudulent Circumstances, Acquisition of Multiple Properties Without Security Deposit Repayment Capacity, etc.)
Even if you cannot receive victim determination under the special law, civil lawsuits and security deposit refund claims can proceed separately.
lawfirm DH's Approach — Integrated Criminal and Civil Case Handling Method
In cases like jeonse fraud where criminal and civil matters are simultaneously intertwined, designing both procedures as a single strategy from the beginning determines the outcome of each.
Evidence secured during the criminal investigation process (account transaction records, registry, landlord statements, etc.) can be repurposed as core evidentiary materials for civil litigation. Conversely, civil provisional seizure dispositions have the effect of increasing psychological pressure on the landlord in criminal investigation. There can be substantive differences between designing an integrated strategy from the beginning so that criminal and civil proceedings create synergy with each other and pursuing each separately.
lawfirm DH, based in the Gyeongnam region (Changwon · Masan · Busan) with 10 years of direct handling of civil and criminal cases, combines legal review by an advisory attorney who is a former Changwon District Court judge with direct case execution by a criminal law specialist representative attorney, and is equipped with an integrated response method. In cases like jeonse fraud where criminal and civil matters are simultaneously intertwined, designing both procedures as a single strategy from the beginning is lawfirm DH's approach.
The following is a comparison of the differences between integrated response and separated response.
| Classification | Integrated Response (Criminal + Civil Designed Simultaneously) | Separated Response (Proceeding Separately) |
|---|---|---|
| Evidence Utilization | Criminal Investigation Evidence → Repurposed as Civil Evidentiary Material | Separate Collection Necessary, Duplicate Costs Incurred |
| Provisional Seizure Timing | Pre-emptive Provisional Seizure Simultaneously with Criminal Complaint | Delayed Application After Civil Lawsuit Commencement, Danger of Asset Disposition |
| Landlord Pressure | Increased Bargaining Power Through Simultaneous Criminal + Civil Pressure | Limited Pressure Effect with Single Procedure |
| Procedural Efficiency | Integrated Procedure Possible Such as Parallel Restitution Order Application | Separate Criminal and Civil Response |
| Strategy Modification | Immediate Civil Strategy Adjustment According to Investigation Progress | Information Sharing Delay Causing Response Time Lag |
As the outcome may vary depending on the specific facts of each case, the above method does not apply equally to all cases, and review by a legal professional is necessary for individual cases.
We Recommend Review for These Individuals
Not everyone who fails to recover their security deposit becomes an appropriate subject for jeonse fraud criminal complaint. The appropriateness of a criminal complaint varies depending on whether the landlord's fraudulent intent at the time of contract can be proven. If the complaint is insufficient or evidence is lacking, the complaint itself may be dismissed. According to relevant legal materials, it is important to review in advance whether the requirements for fraud crime are satisfied before filing a criminal complaint.
Jeonse Fraud Type-by-Type Suitability/Unsuitability Table
| Type | Criminal Complaint Suitability | Civil Lawsuit Suitability | Special Law Application Possibility |
|---|---|---|---|
| Shell Jeonse (Hidden Subordinate Mortgage · Contract Without Disclosure) | Medium to High | High | Medium |
| Duplicate Contracts (Same Property Leased to Multiple Tenants Simultaneously) | High | High | Medium to High |
| Loss of Contact · Multiple Victims (Serial Cases) | High | High | High |
| Simple Security Deposit Non-return (Landlord Lack of Financial Capacity · Breach of Contract) | Low | High | Requirement Review Necessary |
| Real Estate Agent Conspiracy Circumstances (Fake Property Brokerage) | High (Possible Co-complaint with Agent) | High | Medium to High |
⚠️ The above classification is based on general case types, and actual determinations may vary depending on contract circumstances, evidence status, and landlord's financial situation even within the same type.
Situations Requiring Immediate Review
• After lease contract termination, the landlord is not returning the security deposit • The landlord cannot be reached or only repeats repayment promises without fulfilling them • Subordinate mortgages or tax arrears previously unknown were discovered after the contract • There are other tenants in the same building or with the same landlord who have suffered damage • You need to move out but are concerned about maintaining opposability and preferential repayment rights • You are not covered by deposit insurance (HUG · SGI) as you are not enrolled
Those who have suffered damage from jeonse fraud in Changwon, security deposit refund in Masan, and real estate fraud criminal cases in Gyeongnam can also consult with lawfirm DH. We are directly handling jeonse fraud victims not only in Busan but throughout the Changwon · Masan · Gyeongnam region.
At a Moment When Deciding Alone Feels Overwhelming, Let's Examine It Together
At a moment when deciding alone feels overwhelming, lawfirm DH will examine the integrated response direction for jeonse fraud cases in the Busan · Changwon · Masan region together with you.
The desire to recover your security deposit and the desire to hold the landlord who committed fraud accountable—to achieve both goals simultaneously, you must design criminal and civil proceedings as a single strategy from the beginning.
Jeonse fraud damage becomes increasingly unfavorable as time passes. If the landlord transfers property to someone else's name or sells existing real estate, even if you win the lawsuit, there may be no property left to actually recover. According to relevant legal materials, if provisional seizure and other provisional dispositions and tenant registration mortgage applications are not conducted early in parallel, there is a risk of the other party's property being disposed. Therefore, it is important to move promptly from the moment you become aware of the damage.
If you don't know where to start, receiving accurate diagnosis of your current situation is the first step. As outcomes may vary depending on the specific facts of each case, lawfirm DH will examine the integrated response direction suited to each individual's circumstances. Please consult with ease.
Frequently Asked Questions
Q1. If I file a criminal complaint for jeonse fraud, can I recover the security deposit right away?
A criminal complaint is a procedure to have the landlord punished for fraud, not a means to directly recover the security deposit. Even if a criminal guilty verdict is rendered, the security deposit is not automatically refunded. To recover the security deposit, a separate civil judgment + compulsory execution is necessary. However, if you apply for restitution during criminal trial, you can receive damage compensation without separate civil litigation, so designing both procedures together from the beginning can be practically advantageous. The outcome may vary depending on the facts of the case.
Q2. When and how should I apply for a tenant registration mortgage order?
A tenant registration mortgage order can be applied for after the lease contract has ended and the security deposit has not been returned. According to materials from Easy-to-Find Life Law Information, once tenant registration mortgage is completed, you can maintain the already acquired opposability and preferential repayment right, so you do not lose your right to recover the security deposit even after moving. Application is made to the competent court of the property's jurisdiction, and it is important to verify the completion of registration before moving. Application should be reviewed immediately upon contract termination.
Q3. How can I receive support under the Jeonse Fraud Victim Special Law?
You can apply for victim determination through the Ministry of Land, Infrastructure and Transport Jeonse Fraud Victim Support Management System, with the validity period of the application extending to May 31, 2027. The core requirements for victim determination are ① Address Registration + Confirmed Date, ② Security Deposit Amount of 5 Billion Won or Less, ③ Two or More Victims Occurring, and ④ Fraudulent Circumstances of Landlord (Investigation Commencement · Acquisition of Multiple Properties, etc.). Even if you cannot receive victim determination under the special law, civil lawsuits and security deposit refund claims can be pursued separately, so please do not give up and review the response direction for your individual case together with a legal professional.
This content has been written in compliance with the Attorney Act and the Korea Bar Association advertising regulations. Outcomes may vary depending on the facts of each case. Please be sure to consult directly with a professional regarding specific legal application.