Partner Shin-young Choi of Cha & Kwon Law Offices provided legal advisory services in a case involving financial transactions and contracts executed through unauthorized use of the victim’s identity.

The key issues in this matter included the validity of contracts concluded without the victim’s intent, the potential criminal liability arising from identity theft, and whether any resulting debt could be attributed to the victim. In particular, factors such as electronic signatures, the method of account access, the adequacy of identity verification procedures, and the potential negligence of financial institutions or counterparties played a critical role in determining liability.

Partner Choi examined the possibility of denying the existence of debt by focusing on the requirements for contract formation and defects in manifestation of intent. She also analyzed the applicability of criminal charges such as fraud, forgery of private documents, and violations of the Electronic Financial Transactions Act in relation to the identity theft conduct. In addition, she structured civil remedies for victim protection, including payment suspension, confirmation of non-existence of debt, and claims for damages.

Through this approach, she provided a practical legal strategy centered on clarifying the legal relationships arising from identity theft and determining the appropriate liable parties.