[Contribution] Bankbook/account rental, you can become a voice phishing perpetrator without your knowledge

Recently, voice phishing damage has been increasing rapidly. According to data from the National Police Agency, voice phishing damage increased by about 47% from KRW 854.5 billion in 2024 to KRW 1.2578 trillion the following year. The number of cases also increased by 12% over the same period. In particular, as criminal methods become more sophisticated, cases of people going beyond simple financial losses and becoming involved in crimes without their knowledge are appearing. A representative example is the so-called ‘passbook rental/account rental’ method, which uses account information for criminal purposes under the guise of loan procedures.

Even if you thought you were a victim, you could be subject to criminal punishment just for providing an account. Article 6, Paragraph 3, Subparagraph 2 of the Electronic Financial Transactions Act prohibits the rental of access media such as bankbooks, check cards, cash cards, and OTPs. Violators may be subject to imprisonment for up to 5 years or a fine of up to 30 million won.

However, not all cases are subject to punishment just because an account is provided. ‘Renting of access media’ refers to the act of allowing another person to conduct an electronic financial transaction using an access media without the user’s management or supervision while receiving, requesting, or promising compensation. The ‘compensation’ referred to here means economic benefit, and the standard of judgment is whether it was provided with such benefit recognized (Supreme Court ruling 2020Do16468, April 15, 2021).

This legal principle was also applied to a case I actually worked on. Mr. A, who has been an athlete his entire life, was contacted by a financial counselor while looking for a loan on the Internet. Believing the explanation that “you can only get a loan if you have accumulated transaction records,” I provided my account information, bank ID, and password, but was later asked by the counselor to retransmit the deposited money or purchase virtual assets. Although he followed the instructions without much doubt, the account was used as a channel for voice phishing funds, and Mr. A was eventually investigated for violating the Electronic Financial Transactions Act.

The core of the case was whether Mr. A was aware of the crime and provided the account. Circumstances in which money was promised or paid in return for providing an account have not been confirmed. As a result of explaining that he had very limited financial experience, that he surrendered himself to the investigative agency and that he returned some of the money to the victim, he was ultimately not indicted as it was judged that his intention to rent access media could not be recognized.

Providing a passbook or account to another person like this may seem like a simple convenience, but it can lead to realistic disadvantages such as criminal punishment and restrictions on financial transactions. In particular, if a person is registered as a ‘financial disorderly person,’ serious restrictions may occur, such as restrictions on issuing credit cards or using loans for a certain period of time.

As in the case of Mr. A, access media rentals often begin with statements such as ‘You must create a loan record’ or ‘You just need to check the remittance details.’ Loan advertisements with unreasonable conditions, contact via Telegram, and requests to provide accounts, cards, and OTPs are typical signs of crime. Under no circumstances should you pass on access media to others. If funds from an unknown source have been deposited into your account, you must never transfer or withdraw the funds and must immediately report them to financial institutions and investigative agencies to confirm the facts.

If you have already become the target of an investigation, you must systematically organize the circumstances in which the access medium was provided, specific contact details, whether compensation was received, and the process of following instructions, etc. from the initial stage. Like Mr. A, you can expect non-indictment or leniency only if you can prove with objective data that you did not receive compensation and that there was no intent to commit the crime. In cases where intentionality is an issue, the initial response and method of explanation determine the outcome. This is why you need the assistance of an experienced professional attorney.

● Contributions by external writers may differ from our editorial direction.

Gyeonggi Ilbo webmaster@kyeonggi.com

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