[Voice Phishing Attorney, Suspended Sentence] A Reduced Sentence to a Suspended Sentence With the Assistance of a Voice Phishing Attorney

A voice phishing attorney held a consultation with the client. The substance of the consultation was as follows.

The client, whose family circumstances had become difficult, was looking for short-term part-time work through which he could obtain money quickly, and he came to take part as a cash collector for a voice phishing organization.

The client, who had not realized that it was the work of a fraud organization, received contact from the police, and he then visited Daeryun Law Firm to seek the advice of an attorney.

■ Criminal Act Article 114 (Organization of a Criminal Group or Similar)

A person who organizes a group or an association for the purpose of committing a crime punishable by death, life imprisonment, or imprisonment for a maximum term of not less than 4 years, or who joins such a group or acts as a member of it, shall be punished by the penalty prescribed for the intended crime. The penalty may, however, be mitigated.

■ Criminal Act Article 347 (Fraud)

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 a fine not exceeding 20 million won.

■ Criminal Act Article 347-2 (Fraud by Use of a Computer)

A person who obtains a pecuniary benefit, or causes a third party to obtain one, by inputting false information or improper commands into a computer or other data processing device, or by inputting or altering information without authority so as to cause data processing, shall be punished by imprisonment for not more than 10 years or a fine not exceeding 20 million won.

■ Criminal Act Article 348 (Quasi-Fraud)

A person who, by taking advantage of a minor's lack of discernment or a person's mental disorder, receives the delivery of property or obtains a pecuniary benefit shall be punished by imprisonment for not more than 10 years or a fine not exceeding 20 million won.

■ Criminal Act Article 349 (Unjust Enrichment)

A person who takes advantage of another's distressed and pressing situation to obtain a markedly unjust benefit shall be punished by imprisonment for not more than 3 years or a fine not exceeding 10 million won.

■ Criminal Act Article 350 (Extortion)

A person who extorts 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 a fine not exceeding 20 million won.

■ The voice phishing attorney emphasized that the client had reached settlements with the victims, that the victims did not wish for the client to be punished, and that they hoped for leniency.

■ The voice phishing attorney emphasized that the client had not realized it was the work of a voice phishing organization, but that he deeply regretted and was remorseful about the harm that had occurred.

■ The voice phishing attorney emphasized that the client had responded diligently to the police investigation and had confessed to all matters for which no victim report had yet been filed.

In this case, the court ruled, ‘The defendant is sentenced to 1 year of imprisonment. However, execution of the above sentence is suspended for 2 years from the date this judgment becomes final.’

Through the active help of Daeryun Law Firm, the client was able to successfully obtain a suspended sentence.

If there is anyone who, like in the case above, is implicated in a voice phishing fraud crime and feels at a loss about what to do, you may entrust the case to an attorney at Daeryun Law Firm with extensive experience handling voice phishing cases.