CONTENTS
- 1. Voice Phishing | Definition
- - Methods of Involvement in Voice Phishing
- 2. Voice Phishing | Punishment Standards
- - What Is the Level of Punishment for Voice Phishing?
- - What if the Gain Is 500 Million Won or More?
- - Extorting Property by Instilling Fear?
- - A Voice Phishing Organization?
- - Sentencing Guidelines
- 3. Voice Phishing | If You Are a Suspect?
- - Organizing the Facts Before Appearing for Questioning
- - Gathering Sentencing Materials
- 4. Voice Phishing | If You Are a Victim?
- - Reporting and Securing Evidence
- - Remedy for the Harm
- - Conducting the Legal Procedures
- 5. Voice Phishing | If It Is Difficult to Respond on Your Own?
1. Voice Phishing | Definition
Voice phishing is a fraud crime that deceives the recipient through means such as telephone calls or text messages in order to seize money or personal information.
Voice phishing, which has become a representative cyber financial crime, mainly impersonates financial institutions or public agencies such as the prosecutors' office or the police.
In addition, perpetrators may approach victims using lures such as low-interest loans or loan consolidation, prompting the victim to transfer money.
Commonly Occurring Types of Voice Phishing
② Impersonation of Financial Institutions
③ Child Abduction and Threat Type
④ Obituary Text Message Type
Methods of Involvement in Voice Phishing
Voice phishing crime does not arise only with direct victims; there are also not a few cases in which a person becomes involved in the crime without realizing it and becomes a suspect.
In particular, voice phishing organizations often draw ordinary people into roles such as delivering or collecting cash and use them in the crime.
They mainly recruit people through methods such as the following.
▷ False part-time job advertisements that lure with phrases such as "easy money" and "high income guaranteed"
In this way, there are many cases in which those seeking employment are targeted and drawn into participating in the crime.
2. Voice Phishing | Punishment Standards
The methods of voice phishing are becoming more sophisticated by the day.
Recently, there are many cases that use overseas messengers that are difficult to trace (for example, Telegram), but most perpetrators are ultimately apprehended, and in particular, those who play low-level roles within a voice phishing organization, such as cash collectors or couriers, are often apprehended relatively easily.
What Is the Level of Punishment for Voice Phishing?
If you have participated in a voice phishing crime, the 'crime of fraud' under the Criminal Act is established.
▶ Level of Punishment
Criminal Act Article 347 (Fraud) | Imprisonment for not more than 20 years or a fine of not more than 50 million won |
Criminal Act Article 32 (Accessory) | ① A person who aids and abets the crime of another shall be punished as an accessory. ② The punishment of an accessory shall be mitigated below that of the principal offender. |
What if the Gain Is 500 Million Won or More?
If the gain obtained through a voice phishing offense is 500 million won or more, more severe punishment may be imposed under the "Act on Aggravated Punishment of Specific Economic Crimes."
▶ Act on Aggravated Punishment of Specific Economic Crimes Article 3
When the gain is 500 million won or more but less than 5 billion won | Imprisonment for a definite term of not less than 3 years |
When the gain is 5 billion won or more | Life imprisonment or imprisonment for not less than 5 years |
Extorting Property by Instilling Fear?
Electronic financial crimes such as voice phishing are crimes in which the offender extorts property by instilling fear in the victim through statements such as “Your son has been kidnapped” or “Your personal information has been leaked,” and they may be punished as “extortion” under the Criminal Act.
▶ Level Of Punishment
| Article 350 of the Criminal Act (Extortion) | Imprisonment for not more than 10 years or a fine not exceeding 20 million won |
A Voice Phishing Organization?
A voice phishing organization constitutes a criminal organization under the Criminal Act, and a suspect who carried out tasks under the organization's instructions may be found to have had the intent to join and act as a member of a criminal organization.
If the fraud offense is determined to have been part of such organized activity, the person may be punished for the “Crime of Organizing a Criminal Organization, etc.”
| Article 114 of the Criminal Act (Organization, etc. of Criminal Organizations) | A person who organizes a group or association for the purpose of committing a crime punishable by death, life imprisonment, or imprisonment for a maximum term of at least four years, or who joins such a group or acts as a member thereof, shall be punished by the penalty prescribed for the intended crime. However, the sentence may be mitigated. |
Sentencing Guidelines
General Fraud
▷ Where the risk of loss did not substantially materialize
▷ Passive participation in the offense due to effective pressure or the like
▷ Where the victim also bears considerable responsibility for the occurrence of the offense or the expansion of the harm
▷ Mental and physical weakness
▷ Voluntary surrender or internal reporting
▷ No desire for punishment or recovery of the harm
▷ Where there was a purpose of basic livelihood, medical expenses, or the like
▷ Where most of the criminal proceeds were neither spent nor retained
▷ Passive participation
▷ Sincere reflection
▷ No prior criminal punishment
Organized Fraud
▷ Where the risk of loss did not substantially materialize
▷ Passive participation in the offense due to effective pressure or the like
▷ Mere participation
▷ Where the victim also bears considerable responsibility for the occurrence of the offense or the expansion of the harm
▷ Mental and physical weakness
▷ Voluntary surrender, internal reporting, or complete and voluntary disclosure of the full scope of the fraud offense
▷ No desire for punishment or recovery of the harm
▷ Where there was a purpose of basic livelihood, medical expenses, or the like
▷ Where most of the criminal proceeds were neither spent nor retained
▷ Passive participation
▷ Sincere reflection
▷ No prior criminal punishment
▷ Cooperation with the investigation
3. Voice Phishing | If You Are a Suspect?
If you have become involved in a voice phishing crime, a prompt and systematic response is very important.
Before appearing at an investigative agency, it is necessary to organize your own conduct clearly and specifically.
Organizing the Facts Before Appearing for Questioning
Before appearing at the investigative agency, it is advisable to organize and make a written note of what your conduct involved, in as much concrete detail as possible.
It is also important to maintain consistency so that your statements do not change during questioning.
ex)
▶ What role you played (e.g., delivering account information, collecting cash, and the like)
▶ Whether you were aware that it was an offense
▶ If you received instructions, from whom you received them
Gathering Sentencing Materials
It is important to first review the sentencing guidelines and then carefully prepare materials suited to your own circumstances.
In particular, attempting to reach an amicable settlement with the victim is a factor viewed favorably in criminal cases, and where a settlement is reached, the level of punishment may be reduced.
Even where the victim firmly refuses to settle, the criminal deposit system may be used.
A criminal deposit is a method of expressing an intent to remedy the harm by depositing with the court an amount equivalent to the harm, which is afterward recognized as a mitigating factor in the criminal trial.
4. Voice Phishing | If You Are a Victim?
If you have suffered voice phishing harm, it is important to report quickly and secure evidence immediately after the harm occurs.
Through the appropriate procedures, you may obtain recovery of the harm and legal remedy.
Reporting and Securing Evidence
If you have suffered voice phishing harm, you should immediately report to the following agencies.
Financial Supervisory Service Financial Fraud Report Center: ☎ 1322
In addition, to prove the harm and obtain prompt remedy, it is advisable to secure the following evidentiary materials.
▷ Organizing the amount of harm and transaction details
Remedy for the Harm
No. | Procedure | Description |
1 | Request For A Payment Suspension | As soon as the harm is recognized, request a payment suspension from the financial institution of the remitting or receiving account |
2 | Police Report And Issuance Of A Certificate Of Incident Confirmation | Report to 112 or visit a police station to |
3 | Application For Remedy Of The Harm | At the financial institution holding the suspended account, bring your identification + Certificate of Incident Confirmation and then apply for remedy of the harm |
4 | Commencement Of The Claim Extinguishment Procedure | The financial institution requests the Financial Supervisory Service to commence the claim extinguishment procedure |
5 | Refund Of The Harm | Within 2 weeks after the refund amount is determined, payment is made to the victim |
Conducting the Legal Procedures
A voice phishing victim may simultaneously seek criminal punishment and civil damages.
The offender must, however, be identified, and the manner of response may differ depending on the results of the investigative agency's investigation.
Category | Details |
Criminal Complaint | Where the offender or a suspected accomplice has been identified, you may file a criminal complaint with an investigative agency (a police station or the prosecutors' office). Through the complaint, you may request punishment and have the investigative procedure commenced. |
Civil Lawsuit | In order to recover the amount of the harm, a separate civil lawsuit procedure is required. Based on relevant materials such as the offender's identifying information, account information, and the payment suspension and incident confirmation documents, a claim for the return of unjust enrichment or a claim for damages may be filed. |
5. Voice Phishing | If It Is Difficult to Respond on Your Own?
With voice phishing crimes, a situation may arise in which a person becomes involved in a criminal organization without even being aware of it and is investigated on suspicion of the crime of fraud.
In particular, there are many cases in which the court imposes an actual custodial sentence even where the person merely played a role of aiding the voice phishing offense, so particular caution is required.
For a voice phishing victim, prompt reporting and securing of evidence are most important, and a systematic response is required to recover the amount of the harm and obtain legal remedy.
Daeryun Law Firm has many attorneys with an average of more than 10 years of experience, providing tailored legal assistance for criminal cases related to voice phishing.
In addition, working together with its in-house Evidence Investigation Center, it promptly and accurately analyzes and gathers digital evidence such as mobile phone and messenger conversation records and account transaction records, thereby developing a better response strategy.
If you are facing voice phishing punishment or experiencing difficulties due to harm, you may wish to seek the assistance of a criminal attorney.
Daeryun provides tailored legal services.
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