[Voice Phishing Cash Collector Defense Case] Client Implicated in a Crime as a Voice Phishing Cash Collector Obtains a Fine With Daeryun's Assistance

The client is a foreign national enrolled at a university in Korea who, upon seeing a job posting on a recruitment site seeking marketing-related personnel, contacted the company.

The work the client ended up doing was the voice phishing crime of a “collection and delivery agent” who collected cash from victims and delivered it.

Entirely unaware of this, the client collected cash from 2 victims at the direction of the principal voice phishing offender, and the total amount of damage came to 20 million won.

Because the instructions and explanations of the unidentified financial crime organization were plausible, and because the client lacked social experience as a foreign national, the client, who did not realize the criminal nature of his conduct, was reported by a victim and was ultimately referred to trial.

The client, who was unfairly implicated in the crime, requested a consultation with a specialized attorney at Daeryun in order to seek legal assistance.

Crimes such as voice phishing constitute economic crimes, and the sentence is determined by comprehensively considering the amount of damage, the victims, and other factors.

When a person serves as a voice phishing cash collector, as the client did, even if the amount of profit actually obtained is small, the likelihood of a heavy sentence increases where the actual amount of damage to the victims is large.

■ Statutes Related to Voice Phishing Cash Collectors

◎ Criminal Act Article 114 (Organization of a Criminal Organization, etc.)

A person who organizes, joins, or acts as a member of an organization or group whose purpose is to commit an offense punishable by death, life imprisonment, or imprisonment for a maximum term of 4 years or more shall be punished by the penalty prescribed for the intended offense.

◎ Criminal Act Article 347 (Fraud)

A person who, by deceiving another, has property delivered or obtains a pecuniary advantage shall be punished by imprisonment for not more than 10 years or a fine of not more than 20 million won.

◎ Criminal Act Article 348 (Quasi-Fraud)

A person who, by taking advantage of a minor's lack of discernment or a person's mental disorder, has property delivered or obtains a pecuniary advantage shall be punished by imprisonment for not more than 10 years or a fine of not more than 20 million won.

◎ Criminal Act Article 349 (Unjust Enrichment)

A person who, by taking advantage of another's destitute and desperate state, obtains a grossly unfair benefit shall be punished by imprisonment for not more than 3 years or a fine of not more than 10 million won.

◎ Criminal Act Article 350 (Extortion)

A person who, by extorting another, has property delivered or obtains a pecuniary advantage shall be punished by imprisonment for not more than 10 years or a fine of not more than 20 million won.

◎ Electronic Financial Transactions Act (Article 6-2, Selection, Use, and Management of Access Media)

In using and managing access media, no one may receive, demand, or promise consideration, or, for the purpose of using them in a crime, borrow or lend access media or keep, deliver, or distribute them.

*Where the amount of profit is 500 million won or more, aggravated punishment applies under the Act on Aggravated Punishment of Specific Economic Crimes.

The client, a foreign national and newcomer to society, argued that at the time of the offense he did not recognize that his conduct specifically constituted “fraud” under the Criminal Act.

The attorney argued that the instructions and explanations of the unidentified financial crime organization were plausible, and that, as a foreign national, the client could not readily discern the ages or facial expressions of the victims, who were of a different ethnicity, so that there was no sign whatsoever of the victims being frightened or acting strangely, and the client therefore could not have suspected anything.

The client was remorseful for his wrongdoing and sought to at least partially make up for the victims' losses in monetary terms, but he faced difficulties working because he was staying in the country on a student visa.

The attorney argued that, even so, the client raised funds with difficulty and was doing his utmost to remedy the harm, including by making a deposit for the victims.

The attorney emphasized that the client was an exemplary student who, while completing a master's program in graduate school, achieved several research results and received an outstanding paper award and the like, and even served as president of the international students' association.

By submitting acquaintances' petitions and the like as evidence, the attorney emphasized that the client was a very upright and conscientious student.

Voice phishing organizations approach people who are job-hunting, like the client above, deceive them by pretending to offer part-time work or employment, and then involve them in the task of collecting cash.

The majority of people become implicated without realizing that it is a voice phishing crime.

As the harm caused by voice phishing is severe and the number of cases is increasing, the punishment for voice phishing crimes is becoming more severe.

Even where a person, like the client, merely collected cash at an agreed location, the investigative authorities regard the person as part of a voice phishing organization and apply the criminal liability of fraud in imposing punishment.

If you are at risk of receiving an actual custodial sentence after being implicated in a voice phishing crime, specific evidence and circumstances are needed to prove your innocence.

If you would like assistance with this, you may request a consultation with the specialized attorneys at Daeryun Law Firm at any time.