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Legal Intellectual

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Q

I got involved in a voice phishing case without knowing it.

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Recently, I saw a loan advertisement and spoke on the phone with a capital company counselor. During the consultation, they said I could build up a transaction record and lower my interest rate, so I sent my bankbook and card. But a while later, the prosecution said my bankbook had been used in voice phishing and issued a suspension of indictment. I only handed over my bankbook; do I also have to face criminal punishment?

voice phishing

A

Answer to Related Inquiry

Where a bankbook and card were temporarily handed over after being deceived by a promise of a loan, if it merely amounts to lending an access medium or allowing its temporary use, it is generally not subject to criminal punishment.

The Electronic Financial Transactions Act provides for the punishment of transferring or acquiring access media such as bankbooks, cards, and certificates, but the transfer referred to here means a permanent, substantive transfer of authority and does not include merely allowing temporary use.

However, whether the act of handing over the access medium included an intent to commit voice phishing is judged individually according to the specific circumstances of the case.

In other words, where you did not know the voice phishing criminal purpose and merely handed over your bankbook temporarily, the likelihood of criminal punishment is low, and the fact that the prosecution has already issued a suspension of indictment can be seen as a result that took this point into account.

However, you must be sure to keep good records of case-related documents and summons requests in order to prevent future problems.

If you have any questions about voice phishing, we recommend confirming them at any time through a consultation with a criminal attorney.

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