CONTENTS
- 1. The Client's Situation
- - A Client Booked on Voice Phishing Charges
- 2. Case-Related Statutes Explained by the Changwon Law Firm
- 3. Assistance From a Changwon Law Firm
- - Argument ① No Intent
- - Argument ② No Foreseeability
- - Argument ③ No Profit Obtained From the Offense
- 4. The Court's Decision on the Changwon Law Firm's Arguments
- - If You Need the Assistance of a Changwon Law Firm
1. The Client's Situation
The client came to a Changwon attorney, seeking to handle the case together with a law firm experienced in a variety of criminal cases in order to reduce the sentence for the offense at issue.
A Client Booked on Voice Phishing Charges
The client faced difficulty maintaining her livelihood after her husband died suddenly.
To resolve this problem, she registered as a job seeker on an employment site.
An unidentified person who contacted her after seeing her resume emphasized that the workers' satisfaction was high, and the client decided to take the job.
The client received instructions from the unidentified person via Telegram, and she worked believing that she was performing the task of collecting on loan claims.
However, a few days later, the client received a call from the police informing her that an investigation was beginning on 🔗fraud charges, and she found herself in a very bewildering situation.
Seeking to resolve the case promptly with the assistance of an attorney experienced in a variety of 🔗voice phishing cases, the client came to the Changwon law firm.
2. Case-Related Statutes Explained by the Changwon Law Firm
The client was booked on charges of the crime of fraud and requested assistance from the Changwon law firm.
The crime of fraud refers to an offense of deceiving another person to receive property or to obtain a pecuniary benefit.
If a fraud charge is established, a person may be punished under the following provisions.
Criminal Act Article 347 (Fraud)
(1) A person who deceives another to receive property or to obtain a pecuniary benefit shall be punished by imprisonment for not more than ten years or by a fine not exceeding 20 million won.
(2) The same punishment as in the preceding paragraph shall apply to a person who, by the method in the preceding paragraph, causes a third party to receive property or to obtain a pecuniary benefit.
3. Assistance From a Changwon Law Firm
The Changwon law firm analyzed the key issues and precedents and established a systematic strategy.
It argued the following points and requested leniency for the client.
1. Did the client have the intent to commit fraud?
2. Could the client have foreseen that he was serving as a cash collector for a voice phishing organization?
Argument ① No Intent
The client was deceived by a voice phishing organization into acting as a cash collector.
He had no knowledge that the victims were being deceived, that the victims were disposing of their property under a mistaken belief, or that the victims were suffering financial loss.
The firm emphasized that the client had no awareness or intention regarding these facts, and that not even conditional intent was present.
Argument ② No Foreseeability
The client did not foresee that he was serving as a cash collector for a voice phishing criminal organization.
He believed that he had been hired by a company that handled debt collection work.
Considering that he wrote out his personal details and account number and sent them to the unidentified party before beginning the work, the firm emphasized that there was no foreseeability of the offense at all.
Argument ③ No Profit Obtained From the Offense
The client received only a daily wage for part-time work and obtained no profit whatsoever from the offense.
If the client had known that he was acting as a member of a voice phishing organization, he would have demanded a higher amount than the daily part-time wage.
The firm therefore emphasized that the client had no intent in committing the offense.
4. The Court's Decision on the Changwon Law Firm's Arguments
The court accepted the Changwon law firm's arguments and issued a judgment stating, 'The defendant is sentenced to eight months of imprisonment. However, execution of the said sentence is suspended for two years from the date this judgment becomes final.'
If You Need the Assistance of a Changwon Law Firm
If you have become involved in a voice phishing offense, it is important to secure evidence promptly and respond in a systematic manner.
Daeryun secures evidence lawfully and works in close coordination to handle cases in the client's favor.
A 🔗criminal defense attorney with experience handling a range of cases organizes the direction of testimony and establishes a tailored strategy, devoting full effort to resolving the case.
If you are facing difficulties in a situation similar to the case above, please reach out to the Changwon law firm at any time.
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.
