Ilsan Voice Phishing Attorney | Client Suspected of Voice Phishing Receives Non-prosecution with the Help of a Voice Phishing Attorney

The client was an elderly person in his late seventies. After being notified of dismissal from his former workplace on account of his age, he was in the midst of looking for a new job.

He submitted his resume to more than thirty workplaces, but found it difficult to find a job because of his age.

In the course of this, the client saw a newspaper advertisement recruiting people for cleaning and security work. He immediately inquired about being hired and received a reply that the work was available.

There was, however, a precondition. Because there were no openings at the moment for the cleaning or security work, he would have to carry out errands assigned by the company for the time being.

The errand involved receiving documents or payments for electronic goods from one party and delivering them to another. The client performed this role nine times over the course of ten days.

However, a few days later, during a conversation with his children, the client received advice that the work he had been doing was abnormal, and he immediately afterward informed the company of his intention to resign.

Although he did no further work after that, a short time later he learned that he had come under investigation as a cash collector in a voice phishing scheme.

Voice phishing involves deceiving another person to extort their property, and under the Criminal Act it constitutes ‘fraud’.

Criminal Act Article 347 provides that “a person who, by deceiving another, obtains the delivery of property or acquires a pecuniary advantage shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 20 million won.”

Even if a person did not directly deceive a victim to obtain a pecuniary advantage, if it is found that the person took part in another's fraud or knew of it and condoned it, that person will receive a serious punishment.

Criminal Act Article 30 provides that where two or more persons jointly commit a crime, each shall be regarded as a principal of that crime and punished accordingly.

In addition, Criminal Act Article 32 contains a provision that a person who aids another's crime shall also be punished as an ‘accessory.’

When the client took a taxi to move about for the work, he paid the fare each time with his own credit card.

At the time of delivery as well, the client received no information whatsoever about the victims, and the victims, who had received a photograph of the client in advance, first handed the envelope to the client.

If the client had been aware of the voice phishing crime and had taken part in it, there would have been no reason for him to use his own credit card.

Nor would he have faced the victims with his face fully exposed.

On the basis of these points, the Ilsan voice phishing attorney emphasized that the client could not have been aware of the criminal nature of the situation at all.

At the time of hiring, the client diligently sent his resume, a copy of his resident registration card, and a copy of his bankbook, all in accordance with the company's request.

In addition, because the company said that the client would be given the work he wanted if he waited just a little longer, the client had no choice but to believe it.

In addition, the client was an elderly person with poor hearing who rarely watched television and also had difficulty using the internet.

During the work as well, he was never given instructions such as to conceal his identity or to split the money he received into another account and deposit it.

It was a situation in which it was practically impossible for the client to immediately sense that anything was suspicious.

The client had no prior criminal record whatsoever. After the conversation with his children, he immediately quit the work as well. He also cooperated actively with the investigation, and it may be regarded as fair to say that the possibility of reoffending is virtually nil.

Recently, investigative agencies and courts regard voice phishing as a very serious crime and are punishing it strictly.

In particular, in voice phishing cases, the sentence that may be imposed varies greatly depending on whether the person is a joint principal or an accessory, and on which legal principles are applied.

This is why the help of an experienced defense team may be needed. If you have become involved in a voice phishing crime, you may wish to visit an Ilsan voice phishing attorney at Daeryun Law Firm without delay.