This content has been prepared in compliance with the Attorney-at-Law Act and the Korean Bar Association advertising regulations.
Are you unable to sleep for days without recovering your security deposit? The landlord's contact is cut off, and when you pull the register, it's already full of senior mortgages — this article organizes how a tenant who has suffered jeonse scam damages in Changwon can use both criminal prosecution and civil litigation together to actually recover the security deposit, focusing on procedures, statute of limitations, and laws.
Can a tenant in Changwon who has fallen victim to a jeonse scam proceed with both criminal prosecution and civil litigation simultaneously?
To state the conclusion first: In case of jeonse scam damages in Changwon, criminal prosecution and civil litigation are separate and independent procedures that can be conducted simultaneously. Rather, this parallel strategy is the key method to increase the actual possibility of security deposit recovery.
Criminal prosecution is a procedure to request the state investigative agency to punish the landlord's fraudulent conduct. Civil litigation is a separate procedure in which the victim tenant directly requests the court for security deposit return and damage compensation. Since these two procedures differ in purpose and subject, there is no regulation requiring one to be done first or that one must be completed before the other can begin. According to legal expert sources, the parallel strategy of combining criminal and civil procedures in response to jeonse scam damages is also recommended in practice because the two procedures can work as complementary to each other and lead to more favorable results for the victim.
However, if you simultaneously initiate these two procedures recklessly, the strategies may actually cross each other. The key is the possibility of proving the landlord's intent and the landlord's property situation. Since you must first understand these two factors to determine the weight and order of commencement of criminal and civil procedures, expert review of the factual circumstances at the initial stage is essential.
Mini Q&A
Q. Can I file a criminal complaint even if the landlord says "I'll return it soon"? A. Whether to file a criminal complaint depends on whether the landlord had intent to defraud and committed fraud at the time of the contract. If you can prove that the landlord lacked intention or ability to return the security deposit at the time of contract, examination of fraud charges is possible regardless of subsequent verbal promises. However, whether it is simple payment delay or intentional fraud must be examined based on specific factual circumstances.
Criminal Law Article 347 and the Jeonse Scam Special Act — Complete Organization of Criminal and Civil Procedures and Statute of Limitations
Criminal Procedure Steps
▪ Step 1 — Criminal Complaint Filing (Police Station or Prosecutor's Office) ▪ Step 2 — Suspect Investigation, Account Tracking, Exit Ban, etc. Investigative Agency Enforcement Powers ▪ Step 3 — Prosecution Transfer and Investigation Record Review ▪ Step 4 — Decision to Indict or Not Indict ▪ Step 5 — Criminal Trial (If guilty is confirmed, punishment + Victim Compensation Order Application Available)
Civil Procedure Steps
▪ Step 1 — Registered Mail Dispatch (Optional — Confirm Return Intent and Preserve Evidence) ▪ Step 2 — Provisional Attachment Application (Landlord Property Preservation — Risk of Property Concealment if Delayed) ▪ Step 3 — Application for Tenant Right Registration Order (Housing Lease Protection Act Article 3-3) ▪ Step 4 — File Security Deposit Return Lawsuit ▪ Step 5 — Judgment Confirmation → Forced Execution
The two procedures are connected to each other. The account tracking results, landlord statements, and investigation records secured during criminal investigation can be utilized as meaningful reference materials in civil litigation. Conversely, provisional attachment in civil proceedings plays a decisive role in preventing the landlord from liquidating property while criminal procedures are ongoing. According to related legal materials, the investigative pressure of criminal prosecution has been confirmed in practice to have the effect of inducing the landlord's voluntary payment.
Punishment Standards
| Applicable Law | Condition | Punishment Level |
|---|---|---|
| Criminal Law Article 347 (Fraud) | General Fraud | Up to 20 years imprisonment or up to 50 million won fine (2025 amendment standard) |
| Act on Aggravated Punishment of Specific Economic Crimes Article 3 | Damage Amount 500 Million Won or More | Minimum 3 Years or More Imprisonment with Labor |
According to related legal materials, the maximum punishment for fraud has been significantly increased through the 2025 amendment, strengthening the punishment level for jeonse scams. When the damage amount exceeds 500 million won, the Act on Aggravated Punishment of Specific Economic Crimes Article 3 applies, making the possibility of actual imprisonment without suspended sentence higher.
Statute of Limitations Requirements — Be Sure to Confirm
⚠️ Statute of Limitations and Period Requirements — The Commencement Point Differs for Each Case
▪ Criminal Prosecution Prescription: Fraud (Maximum statutory penalty of 10 years or more) — According to Criminal Procedure Act Article 249(1)(3), 10-year prosecution prescription ▪ Civil Statute of Limitations (Short-term): 3 years from the date the victim learns of the damage and the wrongdoer (Civil Law Article 766) ▪ Civil Statute of Limitations (Long-term): 10 years from the date of the wrongful act (Civil Law Article 766) — When either period is completed first, the claim is extinguished ▪ Caution: Filing a criminal complaint with the police alone does not suspend the prosecution prescription. Formal indictment by the prosecutor is required for the prosecution prescription suspension effect to occur.
Jeonse Scam Special Act Victim Recognition Requirements
According to materials from the National Land, Infrastructure and Transport Ministry Jeonse Scam Victim Support Management System, to be recognized as a victim under the Special Act on Support and Housing Stability for Jeonse Scam Victims (effective May 12, 2026, current), all four of the following requirements must be met.
| Requirement | Content |
|---|---|
| ① Right of Subrogation Requirement | Housing Delivery + Change of Residence Registration + Confirmed Date Possession |
| ② Security Deposit Scale | Lease Security Deposit 5 Hundred Million Won or Less |
| ③ Damage Scale | Multiple Tenant Damages Occurring or Expected |
| ④ Non-performance Return Intent | Reasonable Grounds to Suspect Landlord's Intent for Non-performance of Security Deposit Return |
According to Easy-to-Find Daily Life Legal Information materials, under the amended Jeonse Scam Special Act, the valid period for victim determination applications and support has been extended to May 31, 2027. If you have not yet applied, please review it within the deadline.
Changwon Jeonse Scam Damages — Integrated Criminal and Civil Response, lawfirm DH's Approach
When criminal and civil matters are handled separately in jeonse scam cases, unforeseen gaps emerge. While a criminal complaint is filed and you wait for investigation, the landlord may dispose of or transfer remaining property to another person. Conversely, if you file only a civil lawsuit first, you may miss the opportunity to secure investigative materials necessary to prove the landlord's intent.
Jeonse fraud is a complex case where criminal and civil proceedings mutually influence each other. This is why these two procedures must be designed together from the beginning as an integrated strategy, not as separate ones.
lawfirm DH is a law firm based in the Changwon, Masan, and Busan Gyeongnam area with over 10 years of experience in civil and criminal cases, where a criminal specialist representative attorney (current Changwon non-stop state-appointed defense attorney) and a former Changwon District Court judge senior counsel together design integrated criminal and civil strategies for complex jeonse scam cases. How account materials and landlord statements secured during criminal investigation connect as civil evidence, when to set the timing of civil provisional attachment to avoid conflict with criminal procedures — such complex judgments are consistently reviewed within a system that combines experience in both fields.
From Case Intake to Integrated Proceedings — Main Flow
▪ Step 1 — Initial Consultation and Factual Classification (Confirm Intent Indicators, Understand Landlord's Property Status) ▪ Step 2 — Integrated Criminal and Civil Strategy Design (Determine Order of Commencement and Priority Measures) ▪ Step 3 — Immediately Commence Provisional Attachment and Tenant Right Registration Order Application (Property Preservation Takes Precedence) ▪ Step 4 — Draft and File Criminal Complaint (Utilize Investigative Agency Enforcement Powers) ▪ Step 5 — Conduct Civil Security Deposit Return Lawsuit in Parallel (Design for Confirmed Judgment → Forced Execution)
Changwon Jeonse Scam — If You're in This Situation Now, Legal Review is Immediately Necessary
Depending on whether your situation is 'intentional fraud' or 'simple return delay,' the weight and order of commencement of criminal and civil procedures will vary. Please refer to the classification table below to first check your current situation.
Legal Approach by Situation Type
| Situation Type | Legal Approach Direction |
|---|---|
| Landlord entered into contract without intent or ability to return at the time of contract | Proceed in parallel with fraud complaint + civil security deposit return claim |
| Empty Jeonse (Foreclosure due to excess senior claims with insufficient proceeds for distribution) | Apply for tenant right registration order + participate in distribution + apply for special act victim recognition |
| Dual Contract (Manager executed dual contract of monthly rent and jeonse) | Consider concurrent fraud + breach of fiduciary duty charges |
| Landlord Bankruptcy or Corporate Foreclosure in Progress | File distribution claim by deadline + apply for special act victim recognition + design forced execution |
| Simple Return Delay (Difficult to prove intent) | Focus on civil security deposit return lawsuit |
When Criminal Complaint Should Be Considered
According to related legal materials, for fraud charges to be established, four requirements are necessary: fraud act, disposition act, intent, and unlawful acquisition intent. If any of these shows concrete circumstantial evidence, you should rush to review criminal prosecution. Also, according to related legal materials, during criminal trial, victims can receive damage compensation through a separate compensation order system without additional civil litigation, and confirmed compensation orders have the same enforcement power as civil judgments.
Cases Requiring Caution
According to related legal materials, if you proceed recklessly with criminal prosecution first without sufficient factual review, the damage recovery process may become unexpectedly complicated. It is also essential to keep in mind that even if guilt is recognized in criminal cases, substantial monetary recovery often does not result without conducting parallel civil procedures.
Useful Document Checklist to Prepare Before Consultation
According to legal expert sources, preparing the materials below in advance and attending consultation will make factual understanding and strategy establishment proceed much faster.
▪ Original Housing Lease Agreement ▪ Register of Real Estate (At time of contract + current) ▪ Security Deposit Transfer Records (Bank Account Copy) ▪ Messages at Time of Contract (KakaoTalk, Text Messages, Audio Records) ▪ Real Estate Advertisement Materials, All Materials Related to Dual Contract Indicators
⚠️ Signal That Legal Review is Urgent If any of the following applies, immediate consultation is necessary now. ▪ Contact with landlord has been cut off or is being avoided ▪ Senior claims such as mortgages or provisional attachments are excessive on the register ▪ Different names or indicators of dual contracts from the contract time are confirmed ▪ The landlord's assets have significantly decreased or show signs of disposition recently ▪ The security deposit return date has passed but return is not taking place
Residents in areas near Masan and Changwon can receive the same support. For Masan jeonse scam, Kim Hae jeonse scam attorney appointments, Gyeongnam jeonse security deposit return lawsuits, lawfirm DH will review all together with you.
Changwon Jeonse Scam Damages — Are You Overwhelmed About Which Procedures to Start With Right Now?
In jeonse fraud, time is both evidence and property. Civil statute of limitations for damages is 3 years from the date the victim learns of the damage and the wrongdoer (Civil Law Article 766), and delaying provisional attachment increases the risk of the landlord disposing of or transferring remaining property to others. Tenant right registration order must also be filed as quickly as possible after contract termination to maintain right of subrogation and priority payment rights.
Living day by day with anxiety without recovering your security deposit, not knowing even which procedure to take first, can be frustrating. Based on over 10 years of experience handling complex criminal and civil cases together in the Changwon and Gyeongnam area, lawfirm DH will classify your case and directly design an integrated criminal and civil strategy in your first consultation. Before making decisions alone, first check what response is actually effective.
You can start a first consultation with just a contract and register of real estate and transfer records. Even if it's difficult for you to organize the current situation, that's fine — we'll organize the order together with you.
⚠️ The above content is general legal guidance. Jeonse scam cases vary greatly in applicable legal principles and response strategies depending on specific factual circumstances such as whether the landlord's intent to defraud can be proven, the state of property, and the background of the contract. For the specific application of your case, be sure to consult directly with a specialized attorney.
Changwon Jeonse Scam Criminal and Civil Simultaneous Proceeding — Frequently Asked Questions
Q1. Is it necessary to proceed with both criminal prosecution and civil litigation for jeonse scams simultaneously, or is there an order?
It is not absolutely necessary to proceed simultaneously. Since the two procedures are independent, their order and weight vary depending on the specific factual circumstances of the case. If the landlord's intent is clear and securing investigative materials is urgent, criminal prosecution is generally commenced first, but provisional attachment and tenant right registration order application are conducted simultaneously or take precedence. If it is simple return delay, focusing on civil matters may be more effective. Results can vary depending on the situation, so it is recommended to design a strategy together with an expert at the initial stage.
Q2. If the landlord says there are no assets, can I still recover the security deposit through civil litigation?
Even if the landlord claims insolvency, you need not immediately give up. First, through a provisional attachment application to the court, you can early freeze property in the landlord's name (real estate, deposits, wages, etc.). Second, if recognized as a victim under the Jeonse Scam Special Act, you can receive separate housing stability support such as forecast exemption and preferential purchase rights. Third, by applying for a compensation order in criminal proceedings, you can secure an enforcement instrument without a separate civil judgment. Whether property has been concealed can be confirmed through account tracking, so expert review is the priority before giving up.
Q3. What conditions are necessary for fraud charges to be established in a jeonse scam criminal complaint?
For fraud charges under Criminal Law Article 347 to be established, all four elements must be met: ① fraud act (false statements or concealment of facts), ② victim's disposition act (entering into contract and paying security deposit), ③ intent (entering contract without intention or ability to return), ④ unlawful acquisition intent (intent to use security deposit for personal use). According to related legal materials, in practice, the court comprehensively reviews the state of the register at the time of contract, the scale of existing debts, details of security deposit usage, and patterns of similar previous contracts to determine intent. Establishment varies depending on the specific factual circumstances of each case, so expert consultation is absolutely necessary.
Q4. What is the statute of limitations for civil litigation in jeonse scam cases? It has been one year since the contract ended — isn't it too late?
According to Civil Law Article 766, the right to claim damages for unlawful acts must be exercised within 3 years from the date the victim learns of the damage and the wrongdoer, or within 10 years from the date of the unlawful act. When either period is completed first, the claim right is extinguished. If one year has passed since the contract ended, it is important to confirm exactly when the short-term statute of limitations commencement point is. There is likely still time remaining until the statute of limitations is complete, but the statute of limitations is running even at this very moment, so provisional attachment and lawsuit filing should be commenced as early as possible. Statute of limitations commencement points can be judged differently depending on the situation, so please confirm accurately through individual consultation.
This content has been prepared in compliance with the Attorney-at-Law Act and Korean Bar Association advertising regulations, and results may vary depending on the factual circumstances of each case. Specific legal application must be consulted directly with an expert.