CONTENTS
- 1. The Client's Situation
- 2. Assistance for the Client
- - The Suncheon Attorney Argues That the Prosecutor's Appeal Is Without Merit
- 3. The Client Succeeds in Having the Prosecutor's Appeal Dismissed
1. The Client's Situation
The client received a suspended sentence at the first instance for a charge of violating the Electronic Financial Transactions Act, but the prosecutor filed an appeal on the ground of an unfair sentence.
To prevent a heavier sentence from being sought, the client requested the assistance of the Suncheon attorney.
The Circumstances of the Client's Case as Reviewed by the Suncheon Attorney
The client, who resides in Suncheon, was in a situation in which the client had received a suspended sentence at the first instance on the charge of providing a person of unknown identity with information related to the victims' financial accounts while knowing that it would be used in a voice phishing crime, and receiving a commission as compensation for the offense.
The prosecutor pointed out that the client committed the offense while knowing that it would be used in a crime, and that the nature of the offense was very serious given that the amount of damage was substantial, and filed an appeal requesting a heavier punishment.
Because the client had received a suspended sentence at the first instance, the client would inevitably be given an actual custodial sentence if the prosecutor's appeal were granted.
To have the prosecutor's appeal dismissed, the client sought an attorney recommendation in Suncheon and visited the Daeryun Suncheon office.
Voice Phishing Explained by the Suncheon Attorney
🔗Voice phishing is a type of telecommunications-based financial fraud. Voice phishing refers to a crime in which a perpetrator uses telecommunications means such as a mobile phone to deceive or threaten another person into remitting or transferring funds, or to obtain personal information.
Recently, as phishing methods have evolved, there have been many cases in which, to evade investigation, perpetrators lure part-time workers with the bait of high-paying side jobs and use them as couriers or cash collectors.
Under the Criminal Act, a person who participates in a voice phishing crime and is found to have committed fraud may be punished by imprisonment of up to 10 years or a fine of up to 20 million won, and not only ordinary participants but also attempted offenders may be punished.
2. Assistance for the Client
The attorney set out to assist the client in having the prosecutor's appeal dismissed.
The Suncheon attorney devised a defense strategy on the basis that the prosecutor's appeal was without merit.
The Suncheon Attorney Argues That the Prosecutor's Appeal Is Without Merit
The client admitted and confessed to the offense from the investigation stage.
The client also submitted all of the materials in the client's possession to the investigative authorities to aid the investigation in this case.
The Suncheon attorney emphasized that, although the client committed an offense that should not have been committed, as set out in the facts charged in this case, the client returned the entire criminal proceeds obtained from it to the victims along with an apology.
The Suncheon attorney also argued that the client had voluntarily completed a voice phishing eradication education program in order not to reoffend.
The Suncheon attorney emphasized that, although it was true that the client, who had lived through economic hardship, failed to resist a momentary temptation and took part in the offense in this case, the client had received a sufficient sentence at the original trial.
3. The Client Succeeds in Having the Prosecutor's Appeal Dismissed
The client succeeded in having the prosecutor's appeal dismissed.
The court held, "The defendant admits the offense in this case and shows remorse for the wrongdoing, and the sentence was determined by taking into account the circumstances forming the conditions for sentencing as shown in the record, including the circumstances after the offense. The sentence imposed at the original trial was reached within a reasonable range and is appropriate."
A prosecutor's appeal means that the prosecutor, dissatisfied with the original judgment, requests a higher court to review the case.
In the case of a prosecutor's appeal on the ground of an unfair sentence, it is made with the aim of imposing a heavier punishment than the criminal punishment that was pronounced, so if the prosecutor's argument is accepted, the defendant may receive a more severe punishment than at the first-instance judgment.
Daeryun Law Firm uses its own AI big-data judgment analysis in its pleadings to predict the course of a case and maximize the likelihood of a favorable outcome.
If you are seeking an attorney recommendation in Suncheon in a situation such as the one above, please visit Daeryun Law Firm's 🔗Suncheon attorney office.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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