[Case Involving a Busan Attorney Specializing in Voice Phishing Cases] Daeryun Busan Attorney Defends Against an Actual Sentence on Three Charges, Resulting in a Suspended Sentence

The case of the client who came to the Daeryun Busan attorney specializing in voice phishing cases is as follows.

The client saw a part-time job posting on a recruitment website and contacted a voice phishing organization.

The voice phishing organization said, ‘If you collect cash from people and deliver it, we will pay you a daily wage,’ and the client accepted this.

The client came to serve as a voice phishing ‘cash collector,’ receiving cash from the people deceived by the members of the voice phishing organization and depositing it without a bankbook into the accounts designated by the members.

1. Fraud: The client deceived three victims by impersonating a bank employee and a prosecutor, and defrauded them of 30 million won.

2. Resident Registration Act: While depositing the defrauded cash into the accounts of the voice phishing organization members, the client entered the resident registration numbers of five persons into automated machines and improperly used the resident registration numbers of others.

3. Act on Regulation of Concealment of Criminal Proceeds: The client deposited 30 million won without a bankbook on a total of 25 occasions using the resident registration numbers of others. The client disguised the fact concerning the acquisition or disposal of criminal proceeds by making it appear as though lawfully acquired property was being transferred.

■Article 347 of the Criminal Act (Fraud)■

(1) A person who deceives another and thereby receives the delivery of property or obtains a pecuniary benefit shall be punished by imprisonment for not more than 10 years or by a fine of not more than 20 million won.
(2) The same punishment as in the preceding paragraph shall apply to a person who, by the method in the preceding paragraph, causes a third party to receive the delivery of property or to obtain a pecuniary benefit.

■Article 37, Subparagraph 10 of the Resident Registration Act■

A person who improperly uses the resident registration number of another shall be punished by imprisonment for not more than 3 years or by a fine of not more than 30 million won.

■Article 3, Paragraph 1 of the Act on Regulation of Concealment of Criminal Proceeds■

A person who disguises the fact concerning the acquisition or disposal of criminal proceeds shall be punished by imprisonment for not more than 5 years or by a fine of not more than 30 million won.

The Daeryun Busan attorney specializing in voice phishing cases argued that the client's intellectual capacity fell at a borderline or disability level.

The client had an intellectual capacity at a level at which the client could not recognize that the work involved serving as a voice phishing cash collector.

The Busan attorney specializing in voice phishing cases submitted as evidence the results of an examination concerning the client's intellectual capacity.

The Busan attorney specializing in voice phishing cases argued that the profit the client obtained was small in comparison to the amount defrauded.

Although the client did not properly recognize it, the client participated in the voice phishing offense and defrauded 30 million won.

However, the amount the client obtained from this offense was at a level of about 2 million won.

The attorney argued, as a sentencing factor, that the amount the client obtained from the voice phishing was small.

The Daeryun Busan attorney specializing in voice phishing cases emphasized that the client was currently in a difficult financial situation.

At the time, the client had no particular occupation and was making a living through part-time work.

In particular, the client is currently expecting a child and is also raising a young child.

The attorney argued, in light of the client's current situation, that an actual sentence should be avoided.

If you are involved in voice phishing, intent to join and participate in a criminal organization may be found, and you may be punished for the crime of organizing a criminal organization.

Therefore, it is most important to thoroughly establish the facts and to prove that there was no intent.

In particular, in the case of this client, the client had insufficient intellectual capacity and became caught up in the situation without even being aware that it was a voice phishing crime.

Daeryun LLC provides tailored defense strategies for clients.

If you have become caught up in an unintended voice phishing crime, seeking the assistance of an attorney experienced in voice phishing is one way to protect yourself.

If you need assistance regarding voice phishing in Busan, you are welcome to contact the Daeryun Busan attorney specializing in voice phishing cases.