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Deals & Cases

Aiding and Abetting Fraud

Jeonju Fraud Attorney Defense Case | Jeonju Fraud Attorney Secures Acquittal on Appeal for Client Charged With Aiding and Abetting Fraud

The client had received a suspended sentence at the trial of first instance for aiding and abetting fraud, and sought out the fraud attorney at the Jeonju office to file an appeal.

CONTENTS
  • 1. How the Client Came to Seek a Jeonju Fraud Attorney
    • - The Client's Situation
    • - Relevant Statutes Explained by the Jeonju Fraud Attorney
  • 2. Assistance Provided by the Jeonju Fraud Attorney
    • - The Jeonju Fraud Attorney's Argument 1 | Awareness of the Voice Phishing
    • - The Jeonju Fraud Attorney's Argument 2 | Contents of the Conversations
    • - The Jeonju Fraud Attorney's Argument 3 | Submission of Materials
  • 3. Result of the Jeonju Fraud Attorney's Assistance: Acquittal

1. How the Client Came to Seek a Jeonju Fraud Attorney

The client had become involved in aiding and abetting fraud after working as a cash collector in a voice phishing scheme, and requested the assistance of the fraud attorney at the Jeonju office.

The Client's Situation

This is the account of the client who requested the assistance of the fraud attorney.

The client uploaded a resume to an online job search site in order to find employment.

The client then received a job offer from Company A and carried out the assigned work diligently.

However, that work involved collecting cash from victims as a cash collector.

While performing the work, the client had no awareness whatsoever of the voice phishing scheme.

Nevertheless, the client received a suspended sentence at the trial of first instance on charges of aiding and abetting fraud, and requested the assistance of the fraud attorney at the Jeonju office in order to file an appeal.

Relevant Statutes Explained by the Jeonju Fraud Attorney

Fraud is generally punishable by imprisonment for up to 10 years or a fine of up to 20 million won, and a mere participant may be sentenced for aiding and abetting fraud to roughly half of the penalty described above.

■ Aiding and Abetting Fraud / Criminal Act Article 347 (Fraud)

① A person who obtains property or acquires a pecuniary benefit by deceiving another shall be punished by imprisonment for up to 10 years or a fine of up to 20 million won.

② The same punishment as in the preceding paragraph shall apply where, by the method described in that paragraph, a third party is made to obtain property or to acquire a pecuniary benefit.

■ 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 of at least four years shall be punished by the penalty prescribed for the intended crime. However, the penalty may be reduced.

2. Assistance Provided by the Jeonju Fraud Attorney

The attorney reviewed the facts of the case in detail through consultation with the client and presented the defense.

The Jeonju Fraud Attorney's Argument 1 | Awareness of the Voice Phishing

The client not only had no awareness whatsoever of the voice phishing scheme, but also had no intent to condone it.

The attorney also emphasized that there was no proof at all that the client had acted with dolus eventualis regarding the voice phishing scheme.

The Jeonju Fraud Attorney's Argument 2 | Contents of the Conversations

The conversations exchanged between the client and the team leader contained nothing suggesting voice phishing.

The attorney emphasized that, looking at the conversations, every exchange proceeded on the premise that the client was being hired by a legitimate mobile phone-related company, and no content suggesting voice phishing or fraud could be found.

The Jeonju Fraud Attorney's Argument 3 | Submission of Materials

The client had kept, without deleting, all of the text messages and call records exchanged with the unidentified person claiming to be the team leader.

The attorney emphasized that the client disclosed these facts during the police investigation and voluntarily submitted all materials related to the cash collection in this case at the time of the police investigation.

3. Result of the Jeonju Fraud Attorney's Assistance: Acquittal

Accepting the attorney's arguments, the court issued a judgment stating, “The portion of the judgment of the trial of first instance concerning the defendant's case is reversed. The defendant is acquitted.”

Satisfied with the result, the client repeatedly expressed gratitude to the fraud attorney at the Jeonju office.

Involved in a Case of Aiding and Abetting Fraud?

In the case of aiding and abetting fraud, even where the act was committed unknowingly, the matter involves a victim, so if the charge is established there is a high likelihood of a sentence of imprisonment, and consulting an attorney can be helpful.

Daeryun Law Firm establishes defense strategies in cases of aiding and abetting fraud and voice phishing, systematically analyzes the evidence, and provides solutions suited to each client's situation.

If you are facing difficulties in a situation similar to the case above, please feel free to entrust your case to the fraud attorney at the 🔗Jeonju office at any time.

전주사기변호사

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.

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