CONTENTS
- 1. How the Client Came to Seek the Gunsan Law Office
- - The Client Who Requested Assistance from the Gunsan Law Office
- - Relevant Statutes Explained by the Gunsan Law Office
- 2. Assistance Provided by the Gunsan Law Office
- - Gunsan Law Office Argument 1 | Intent
- - Gunsan Law Office Argument 2 | First-Time Offender
- 3. Result of the Gunsan Law Office's Assistance: “Suspended Sentence”
1. How the Client Came to Seek the Gunsan Law Office
The client, who was reported on a charge of aiding and abetting voice phishing fraud, urgently requested the assistance of a Gunsan attorney.
The Client Who Requested Assistance from the Gunsan Law Office
The account of the client who requested assistance from the Gunsan law office is as follows.
While looking for a job online, the client received an offer from a man.
The offer was that, if the client withdrew money deposited into an account in the client's name and delivered it to a designated person, he would be paid a commission.
The client accepted this offer and gave the man his account number.
He then aided the fraudulent scheme by withdrawing the money deposited into his account and delivering it to the man.
In the end, the client was reported for aiding and abetting fraud as a result of this conduct, and requested the help of a Gunsan attorney.
Through a consultation with the client, the Gunsan law office ascertained the circumstances of the case and established a systematic strategy.
Relevant Statutes Explained by the Gunsan Law Office
Fraud is generally punishable by imprisonment of up to ten years or a fine of up to twenty million won, and a mere participant may receive a sentence of about half of the penalty described above for aiding and abetting fraud.
■ Aiding and Abetting Fraud / Criminal Act Article 347 (Fraud)
① A person who deceives another and thereby receives the delivery of property or obtains a pecuniary advantage shall be punished by imprisonment of up to ten years or a fine of up to twenty million won.
② The same penalty as in the preceding paragraph shall apply when, by the method in the preceding paragraph, a person causes a third party to receive the delivery of property or to obtain a pecuniary advantage.
■ 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 a crime punishable by death, life imprisonment, or imprisonment for a maximum term of four years or more shall be punished by the penalty prescribed for the intended crime. However, the penalty may be mitigated.
2. Assistance Provided by the Gunsan Law Office
Through a consultation with the client, the Gunsan law office closely examined the specific facts and then argued as follows.
Gunsan Law Office Argument 1 | Intent
The client had no awareness whatsoever that this man was a member of a voice phishing organization.
The attorney emphasized that the client had even less intention of facilitating their fraudulent scheme.
Gunsan Law Office Argument 2 | First-Time Offender
In trying to take on a part-time job to cover overdue rent, the client was used by a voice phishing organization without his knowledge.
The attorney further emphasized that, apart from this case, the client had no record of being punished for any fraud-related offense.
3. Result of the Gunsan Law Office's Assistance: “Suspended Sentence”
The court accepted the Gunsan law office's arguments and issued the judgment, “The defendant is sentenced to one year of imprisonment. However, the execution of the said sentence is suspended for three years from the date this judgment becomes final.”
If You Are Facing Punishment for Aiding and Abetting Fraud?
The above case is an example in which a client who faced punishment for aiding and abetting fraud obtained a suspended sentence with the assistance of the Gunsan law office.
In this way, not having directly participated does not eliminate guilt; if a person realized that something was even slightly amiss and foresaw that harm would occur, willful negligence may apply, and punishment for aiding and abetting fraud may follow.
At Daeryun Law Firm, attorneys with extensive practical experience provide clients with tailored strategies through accurate fact-finding and thorough legal review.
If you are facing difficulties in a situation similar to the case above, please feel free to 🔗schedule a consultation with Daeryun at any time.
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