Accused of engaging in voice phishing after applying to a job search site... law not guilty

He was in charge of collecting and delivering cash, but claimed, “I believed it was normal debt collection work.”
The court said, “There is insufficient evidence that the crime was recognized… It is difficult to rule out reasonable suspicion.”

A man in his 30s who was accused of being an accomplice to voice phishing after receiving a job offer through a job search site and working as a cash collector was found not guilty in the first trial.

The Seoul Central District Court found Mr. A not guilty last April on charges of violating the Special Act on Prevention of Damage from Telecommunications Financial Fraud and Refund of Damages.

After posting his resume on a job search site last year, Mr. A received an offer from a credit company official saying, “If you receive cash to repay debtors and deliver it, we will pay you a per-case allowance,” and was accused of participating in the crime of a voice phishing organization by delivering approximately 170 million won.

The prosecution determined that Mr. A, using a pseudonym, was in charge of receiving cash from victims in the name of repaying existing loans, refinancing government-backed loans, and preventing card accidents, and then delivering the money to the organization.

Mr. A completely denied the charges. He claimed that he only recognized it as normal loan-related outside work and had no knowledge that it was a phone financial fraud crime. He explained that the business registration number and company address were actually listed on the Internet homepage, and that it was difficult to suspect because it was operated like a regular company.

The court ruled in Mr. A’s favor. The court ruled, “It is difficult to conclude that the defendant was immediately aware of the crime of voice phishing based on the fact that he collected and delivered cash,” and that “the submitted evidence alone is insufficient to show that the defendant had the intention of colluding or aiding and abetting.”

He added, “The defendant returned to Korea after living abroad and did not have much social experience in Korea, and there were circumstances that could have led to the misconception that it was a real company based on the employment offer through a job search site, information on the company name, and systematic work reporting methods.” He added, “It is also difficult to say that it was immediately possible to know that it was a crime just based on the method of payment of allowances or the type of work.”

Attorney Jang Hyeon-ji of Daeryun Law Firm, who represented Mr. A, said, “In order to establish co-principle, it must be proven that they knew the structure of the organization’s crime, shared their roles, and had the same intention to commit the crime.” He added, “In this case, it was difficult to acknowledge the collusion relationship because the client believed it was normal debt collection work and acted according to instructions.”

He went on to explain, “In order to assist a fraud, there must be an intention to help the criminal while recognizing the criminal’s crime, but the client had no such intention.” whyjay@sportsseoul.com

Reporter Shin Jae-yu

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Suspicion of participation in voice phishing after applying to job search site... Law Not Guilty (Shortcut)