[Column] Voice phishing crime, legal advice should be sought if involved as a cash collection tactic

Recently, Mr. A, in his 50s, who was involved in a cash collection scheme without knowing that it was a voice phishing organization, was acquitted in the appeals court. He was sentenced to 1 year and 6 months in prison in the original trial, but was found not guilty by the appellate court ruling that it was difficult to say that he participated in the crime even though he knew it was a voice phishing organization.

Recently, there has been a sharp increase in the number of cases where people were sent to work thinking it was a high-paying part-time job or for a loan company, but then became involved in the role of a voice phishing cash collection agent. This is because vicious voice phishing crimes targeting young people, newbies, and housewives who are experiencing financial difficulties due to the worsening economy are gaining ground.

Under criminal law, if you participate in a voice phishing crime and are charged with fraud, you may be sentenced to up to 10 years in prison or a fine of up to 20 million won. In particular, in the case of voice phishing crimes, not only simple participants but also attempted criminals can be punished. Therefore, if you are deceived and are arrested while acting as a withdrawal or collection agent without knowing that it is a crime, you will be charged with aiding and abetting fraud or fraud.

You can be charged with aiding and abetting fraud and subject to voice phishing punishment just by participating in a part of the overall incident, rather than being the instigator of the crime.

Therefore, if you are unfairly accused of fraud through voice phishing, you should not just defend that you only worked to earn pocket money, but should emphasize that you were only being used by voice phishing gang members to commit crimes and that you worked without any awareness that it was illegal. However, even if you did not know exactly that what you were doing was a voice phishing crime, the crime of aiding and abetting fraud can be established if only intentional negligence is acknowledged, so you must pay attention to that aspect in your defense.

Voice phishing, a vicious crime that puts ordinary people in trouble, is evolving as its means and methods become more sophisticated. Special caution is needed as ordinary people living in difficult situations are being used as tools for crimes, turning innocent, completely unrelated people into voice phishing participants in an instant.

Kim In-won, a lawyer and former chief prosecutor at Daeryun Law Firm, advised, “Even if you didn’t know it was voice phishing, if you can’t prove it in detail, you could end up in an unfortunate situation where you are punished.” He added, “I recommend that you receive consultation from a prosecutor-turned-attorney from the beginning of the case and prepare thoroughly to prove your innocence.”

Help: Attorney Kim In-won of Daeryun Law Firm (Limited)

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