CONTENTS
- 1. The Client Who Came to the Incheon Voice Phishing Attorney
- - Voice Phishing as Explained by the Incheon Voice Phishing Attorney
- 2. The Incheon Voice Phishing Attorney, Assistance to Prove the Client's Innocence
- - The Incheon Voice Phishing Attorney, Argument That the Client Was Entirely Unaware of the Voice Phishing
- - The Incheon Voice Phishing Attorney, Argument as to Whether There Was Intent
- 3. As a Result of the Incheon Voice Phishing Attorney's Assistance, a Successful No Prosecution Decision
1. The Client Who Came to the Incheon Voice Phishing Attorney
The client who requested the assistance of an Incheon voice phishing attorney had been unfairly implicated in voice phishing.
Following the instructions of a member of a voice phishing organization, the client withdrew the victim's funds that had been deposited into the client's own account, used them to purchase gift certificates, and handed them over to the organization member. As a result, the client became the subject of a prosecutorial investigation on suspicion of aiding and abetting fraud by assisting the organization member's fraud offense.
Having been implicated in voice phishing without their knowledge, the client was in a state of considerable fear.
A Daeryun Incheon voice phishing attorney undertook the defense in the client's voice phishing case.
Voice Phishing as Explained by the Incheon Voice Phishing Attorney
Voice phishing is becoming increasingly organized and sophisticated, and as a result the number of victims who are deceived is growing.
As with the client in the above case, such schemes now extend to bold conduct that even involves meeting in person to receive cash directly.
Electronic financial crimes such as voice phishing are criminal acts of obtaining pecuniary benefits by using personal information and financial transaction information acquired through deceiving others, and they may be punishable as the 🔗Crime of fraud under the Criminal Act. No one may deceive another person and thereby receive property, obtain a pecuniary benefit, or cause a third party to obtain such a benefit.
A case holding that fraud is established by deceiving another person, causing that person to fall into error, inducing a disposal act, and thereby obtaining property or a pecuniary benefit; that a disposal act here means a property disposal act of delivering property or conferring a pecuniary benefit upon the offender or another; that the deceived person must perform the act with an intent to dispose and under the dominion of that intent; and that the deceived person must be a person with authority to perform the disposal act regarding the property or pecuniary benefit (see Supreme Court Decision 2012Do4773, rendered on June 28, 2012)
A person who transfers a bankbook, cash card, or the like while knowing that it will be used in a fraud offense may, separately from the offense of violating the Electronic Financial Transactions Act, be punished for the crime of aiding and abetting fraud under the Criminal Act.
A case holding that, where the defendant opened a bank deposit account in the defendant's own name while knowing that it would be used in a fraud offense, and transferred the account's bankbook, cash card, and password to A, by which A deceived B and caused B to remit cash to the said account, the defendant was found to have aided and abetted the fraud offense (see Supreme Court Decision 2010Do6256, rendered on December 9, 2010)
A violation of this is punishable under Article 347 of the Criminal Act by imprisonment for up to ten years or a fine of up to 20 million won.
2. The Incheon Voice Phishing Attorney, Assistance to Prove the Client's Innocence
The Incheon voice phishing attorney devised a defense strategy to prove that the client had not intentionally taken part in the voice phishing scheme.
The Incheon Voice Phishing Attorney, Argument That the Client Was Entirely Unaware of the Voice Phishing
The Incheon voice phishing attorney argued that the client had not suspected at all that this was voice phishing.
At the time, the client was in such financial difficulty that they had taken out a loan from a moneylending company.
While receiving consultation in an effort to find a loan with a lower interest rate, the client was introduced by the organization member to a "sole proprietor loan product" that could be used at a lower interest rate.
The organization member said that a track record was needed in order to obtain the sole proprietor loan, and instructed the client to withdraw the amount deposited into the client's account, exchange it for gift certificates, and deliver them.
The client had no idea at all that the amount deposited into their account was the funds of voice phishing victims.
The Incheon Voice Phishing Attorney, Argument as to Whether There Was Intent
The Incheon voice phishing attorney emphasized that, because this entire sequence of events differed entirely from a typical voice phishing offense, the client could not have recognized it as voice phishing.
In addition, the client was neither guaranteed nor promised any financial compensation in this process.
The client realized that this was a voice phishing offense only upon being contacted for the police investigation.
Had the client aided or taken part in such conduct while knowing that it was voice phishing, the client would not have participated so actively in the investigation.
3. As a Result of the Incheon Voice Phishing Attorney's Assistance, a Successful No Prosecution Decision
As a result of the Incheon voice phishing attorney's defense, the prosecution stated that "it is difficult to conclude that the suspect recognized that the suspect's conduct constituted participation in a voice phishing offense, and there is otherwise no evidence to establish this," and issued a no prosecution decision.
As in the above case, the methods of voice phishing are becoming ever more refined, and many victims are arising.
In particular, in voice phishing cases, even where there is no intent to commit the offense, it is difficult to prove this, and there are many instances in which individuals receive unfair punishment.
For this reason, it is advisable to prepare thoroughly from the initial response with the assistance of an attorney experienced in voice phishing matters.
Daeryun Law Firm has opened offices in major cities across Korea in order to eliminate areas underserved by legal services and to provide legal services without gaps.
Through a mobile reservation for an in-person consultation, a client may visit a nearby regional office at a preferred time to receive a consultation.
If you are looking for a voice phishing attorney in the Incheon area for a situation such as the above, please visit the Daeryun Law Firm 🔗Incheon branch office.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
