CONTENTS
- 1. The Client Who Sought Daeryun as a First-Time Voice Phishing Offender
- - The Alleged Voice Phishing Facts Against the First-Time Offender Client
- 2. What a First-Time Voice Phishing Offender Is
- - The Severity of Punishment for a First-Time Offender
- 3. Daeryun's Assistance for the First-Time Voice Phishing Offender Client
- - Voice Phishing Client, Was Unaware of Being Involved in a Voice Phishing Crime
- - Voice Phishing Client, Did Not Receive the Proceeds Right Away
- - Voice Phishing Client, No Possibility of Reoffending
- 4. The No-Prosecution Decision for the First-Time Voice Phishing Offender Client
1. The Client Who Sought Daeryun as a First-Time Voice Phishing Offender
This is the account of a client who came to Daeryun Law Firm as a first-time offender in a voice phishing matter.
The client explained that they faced the risk of punishment as a first-time offender in a voice phishing case. The account of the client as understood by Daeryun was as follows.
The client was new to the workforce and had been continuing to look for work. While browsing a job search site, they came across a posting for an office position at a company.
The first-time offender applied to that posting as a new employee, was hired, and began working.
The client's job was usually to go to a place directed by a supervisor and collect money on the supervisor's behalf from another person.
Although the client sensed that something was odd, because it was the first company they had been hired by, they performed their duties diligently.
The Alleged Voice Phishing Facts Against the First-Time Offender Client
The client stated that they were a first-time offender in a voice phishing matter. The gist of the allegation against the client was that they had facilitated and thereby aided and abetted the fraud committed by an unidentified person.
2. What a First-Time Voice Phishing Offender Is
In the context of a first-time voice phishing offender, voice phishing is one type of telecommunications-based financial fraud, a fraud crime in which the offender tells a victim false facts by telephone or other means and demands a money transfer or personal information.
A first-time voice phishing offender refers to a person who has committed the offense for the first time. Punishment for voice phishing generally arises in two situations: first, where a person participates in voice phishing and commits fraud, and second, where a person acts merely as a cash collector or courier for voice phishing.
The Severity of Punishment for a First-Time Offender
🔗Voice phishing first-time offenders are subject to the following levels of punishment.
1. Where a person participates in voice phishing and commits fraud: imprisonment for not more than ten years or a fine not exceeding twenty million won
2. Where a person acts as a cash collector or courier for voice phishing: imprisonment for not more than five years or a fine not exceeding ten million won
Because voice phishing is a crime of deceiving another person to obtain property or other benefits, even a person who acts merely as a cash collector or courier is punished strictly, as set out above.
3. Daeryun's Assistance for the First-Time Voice Phishing Offender Client
In order to defend against punishment of the first-time voice phishing offender client, Daeryun provided assistance as follows.
Voice Phishing Client, Was Unaware of Being Involved in a Voice Phishing Crime
At the time of receiving the money, the first-time voice phishing offender client did not know that their conduct was involved in a voice phishing crime.
The supervisor who instructed the client to collect money on their behalf never had the client give a false name, nor did the supervisor ask the client to take any action to conceal the client's identity.
The first-time voice phishing offender client simply rejoiced at the fact that they had been hired for the first time and could engage in economic activity, and diligently carried out the duties assigned to them.
The client was nothing more than a means used to deliver cash, through the supervisor's deception.
Voice Phishing Client, Did Not Receive the Proceeds Right Away
The first-time voice phishing offender client did not immediately receive the proceeds generated by the conduct in this case.
Because the client was paid on a monthly salary basis, they had remained convinced that their work was normal work.
Voice Phishing Client, No Possibility of Reoffending
Through the investigation in this case, the first-time voice phishing offender client learned that their conduct had been involved in voice phishing and was greatly shaken.
Cooperating actively during the investigation stage, the client clearly recognized their wrongdoing and resolved to make every effort not to repeat the same mistake.
4. The No-Prosecution Decision for the First-Time Voice Phishing Offender Client
Hearing the submissions of the Daeryun Law Firm attorney who represented the first-time voice phishing offender client, the prosecution issued a no prosecution disposition for the client.
Daeryun succeeded in clearing up the client's grievance. Because voice phishing crimes are punished strictly even where the person is a first-time offender or was unaware of being involved in the crime, it is important to respond as soon as the involvement is discovered.
At Daeryun Law Firm, we assist in proving the absence of intent in the criminal conduct and in defending against punishment of first-time voice phishing offenders.
If, like the client in this case, you face the risk of punishment as a first-time voice phishing offender, you are welcome to contact Daeryun Law Firm to request a consultation.
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.
