'Errand Service' Apps Exploited for Crime... "Both Users and Helpers Need to Be Cautious"

Various Items Including Drugs and Fake Gold Bars
Cases of Poor Identity Verification Damage
Criminal Punishment and Compensation Liability Also Apply

Photo by Pixabay

#. "Please receive the international mail on my behalf." Mr. A (29, male) made this request to a 'helper' (errand performer) through an errand service app on August 17, 2020. Five days later, the mail that flew from the Netherlands to Incheon contained 101 ecstasy pills, a controlled substance. The envelope's exterior bore the helper's name, address, and contact information, not Mr. A's.

#. Mr. B, accused of fraudulently selling 'fake gold bars' on a secondhand trading site between May and June 2020, denied the charges during the trial, claiming that he only carried out tasks such as delivering goods and receiving payment under instructions received via the errand app from the person who posted the gold bar sale advertisement. He also claimed he was unaware that the gold bars he delivered were fake.

Cases of errand service apps being exploited for criminal activities are increasing. The usage rate of errand services surged during 2020-2021 due to various quarantine measures restricting mobility. These apps are characterized by connecting ordinary local residents rather than professional staff. When a user posts a request and payment amount on the app, a helper nearby checks and accepts the task. The fees vary widely depending on the errand content.

However, criminal cases have been repeatedly confirmed where users provide limited descriptions of errands or helpers deceive their identities. On May 17 last year, Mr. C (24, male) accepted a user's 'request' on an errand app to lend money with a promise to repay double by 6 p.m. the same day and gave 80,000 won in cash. However, the user who borrowed the money was a repeat offender who had served a sentence for fraud a year earlier. On February 2, Judge Jeong Seung-jin of the Busan District Court East Branch Criminal Division 3 confirmed multiple related charges and sentenced him to 1 year and 6 months in prison.

There was also a case where a sex offender wearing an electronic monitoring device (electronic ankle bracelet) threatened a user who requested furniture moving with a weapon and committed sexual assault. The errand app operator that mediated these cases had advertised strict 'identity verification' but was found to have no objective verification procedures such as criminal background checks. In January, the Seoul Southern District Court Civil Division 3 (Chief Judge Lee Ju-young) ruled that the app operator "must pay 10 million won in compensation to the user." The court found a causal relationship between the sexual crime victimization and the exaggerated advertising claims.

Attorney Kwon Jae-sung, head of the OneTop Law Office, said, "If a user instigates a crime, they are recognized as an 'accomplice' and punished as if they directly committed the crime," adding, "helpers can also be punished if they confirmed the errand involved a crime or if 'dolus eventualis' (conditional intent) is recognized. Even for errands involving alcohol or cigarettes, there is an obligation to verify whether the user is a minor."

He added, "Since users have limited means to verify helpers' identities, and helpers may face not only criminal penalties but also civil liability for damages, both parties need to exercise caution to ensure there is no risk of illegality."