[Legal Knowledge] How Can Job Hunting Lead to Being Charged as an Accomplice to Fraud?
- Tai Jack
- Feb 19
- 3 min read
Recently, there has been an increasing number of cases where job seekers, especially those in economically vulnerable situations, are tricked by fraud syndicates. These syndicates often require job seekers to provide their bank account details under the pretense of setting up salary transfers before officially starting work. However, victims later discover that their accounts have been used for illegal activities, flagged as suspicious accounts, and they themselves become unwitting accomplices to fraud and money laundering. This often results in them being summoned by prosecutors, causing significant distress.
1. What Are the Criminal Liabilities of Providing a "Dummy Account"?
Those who provide their bank accounts may be held criminally liable as accomplices to fraud under Article 339 of the Criminal Code. Additionally, in the past, there have been cases where they were charged with money laundering under Article 2 of the Anti-Money Laundering Act.
According to Article 2 of the Anti-Money Laundering Act, money laundering includes the following acts:
Transferring or altering illicit proceeds with the intent to conceal their source or help another evade criminal prosecution.
Concealing or hiding the nature, source, movement, location, ownership, control, or rights associated with illicit proceeds.
Receiving, possessing, or using illicit proceeds obtained by others.
Previously, courts believed that if fraud syndicates used dummy accounts, law enforcement would have difficulty tracking down the actual criminals, effectively allowing them to obscure the origin and movement of illicit funds, thus constituting money laundering.
However, in Supreme Court Grand Chamber Criminal Ruling No. 3101 (2019), the court ruled that:
If an individual provides their ATM card and PIN to another person, they lose actual control over their account.
Unless they personally withdraw funds under instructions, they are not deemed to have received, possessed, or used illicit proceeds.
Simply providing a bank account does not automatically constitute money laundering unless the individual is actively involved in subsequent withdrawals.
Despite this ruling, the Supreme Court also clarified that if a person knowingly provides a bank account, realizing it will be used to receive and withdraw illicit proceeds to evade law enforcement, they may still be charged as an accomplice to money laundering.
2. How to Avoid Being Charged as an Accomplice to Fraud or Money Laundering?
To be convicted as an accomplice, two conditions must be met:
The person must be aware that they are assisting a crime (intent to assist).
The person must be aware of the nature of the crime they are assisting (intent regarding the crime itself).
Even if a person does not directly intend to commit a crime, if they are aware that their account might be used for illegal activities but still provide it without taking preventive action, they can be found guilty under indirect intent (recklessness). Courts tend to apply a broad interpretation of intent, making it easier for individuals to be convicted.
To protect yourself:
Keep records of job postings, text messages, and communications with the alleged employer.
Take screenshots of messages and emails (including timestamps).
Immediately report your account as misused if it is flagged as a suspicious account.
File a police report or call an anti-fraud hotline to document that your account was used illegally without your knowledge.
Freeze or cancel the account through your bank.
Obtain a history of transactions from your account to show that you had been using it normally and had no reason to provide it to fraudsters.
3. What Are the Civil Liabilities of Providing a "Dummy Account"?
In addition to criminal liability, individuals who provide their accounts may also be held civilly liable under Article 185 of the Civil Code, which governs joint tort liability. This means that they may be jointly and severally liable for damages along with the fraudsters.
Under Article 272 of the Civil Code, if multiple people are responsible for the same debt, the victim can demand full compensation from any one of them, not just a partial amount. This means that a person who provides a dummy account may be held financially responsible for the total damages suffered by all victims.
4. Litigation Risks: Long and Exhausting Legal Proceedings
Since fraud cases involving dummy accounts often affect numerous victims, additional victims may come forward at any time, prolonging investigations and lawsuits. This can lead to significant legal and time costs for the accused, requiring frequent police interrogations and court appearances—essentially becoming a ticking time bomb with unpredictable consequences.
5. Conclusion: Protect Yourself—Never Provide Your Account Information
To avoid legal troubles, never provide your bank account, ATM card, or personal financial details to unknown individuals or unverified employers. If you suspect you have been involved in a scam, act quickly by seeking legal assistance, filing a report, and freezing your account. A good lawyer can protect you from wrongful prosecution and minimize legal risks.
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