CONTENTS
- 1. The Client Who Requested a Consultation for Voice Phishing Victim Relief
- - Details of the Voice Phishing Case
- 2. Voice Phishing Victim Relief and What Voice Phishing Is
- - How to Respond to Voice Phishing Damage
- 3. Methods of Voice Phishing Victim Relief
- - Claim for Damages
- 4. Details of Attorney Assistance for Voice Phishing Victim Relief
- - Drafting and Filing the Complaint
- - Argument That the Offender Committed a Tort
- - Argument That the Offender Showed No Sign of Remorse
- - Arguing That the Extent of the Client's Harm Is Serious
- 5. Result of the Voice Phishing Victim Relief
1. The Client Who Requested a Consultation for Voice Phishing Victim Relief
The client who requested a consultation for voice phishing victim relief said that he had filed a complaint against the perpetrator and had him serve a term of imprisonment, but had not received practical compensation for the harm.
The client wished to retain a specialized attorney with extensive experience in related cases in order to be compensated for the loss. He was drawn to this firm, which provides legal services by establishing branch offices nationwide and building a one-firm system, and requested a consultation.
Details of the Voice Phishing Case
The specialist attorney conducted a consultation to resolve the client's case and set about understanding the details.
The client said that one day, while working as an office worker, he received a phone call.
The caller said that he was an investigator with the Seoul District Prosecutors' Office and stated that the client's bank account, which had been opened through identity theft, had been used illegally and that a detention warrant had been issued.
The client, in a flustered state, asked how he should respond, and the other party said that he needed to prove that his identity had been stolen and that proof of transparent assets regarding his savings and deposits was required.
As for the method of proving transparent assets, the caller said that the client should hand cash to an employee of the Financial Supervisory Service, and the client met the Financial Supervisory Service employee and handed over about 40 million won in cash.
However, this Financial Supervisory Service employee was merely a cash collector for a voice phishing organization, and the client lost the entire large sum and proceeded with a criminal complaint.
The cash collector was said to have been sentenced to imprisonment and to be serving the sentence, and the client requested assistance with voice phishing harm relief, saying that he wished to recover the amount he had lost.
2. Voice Phishing Victim Relief and What Voice Phishing Is
In voice phishing victim remedy, voice phishing refers to a method of defrauding money and the like by manipulating the caller number of a landline telephone to appear as that of an investigative agency and impersonating that agency.
Phishing, meaning the fishing of personal information, is one of the fraud methods that deceives a victim in order to extort another's property.
Phishing fraud is carried out not only by telephone but also through various means such as text messages and social media.
How to Respond to Voice Phishing Damage
If you have suffered 🔗voice phishing harm, you should follow the following procedures right away.
1. Call the receiving financial company, etc., to report the harm and request suspension of payment on the account
2. Reset the mobile phone or delete the malicious application
3. Register the fact of personal information exposure with the Financial Supervisory Service's personal information exposure incident prevention system
4. Check whether a mobile phone has been opened under your stolen identity through the Korea Association for ICT Promotion's identity theft prevention service
3. Methods of Voice Phishing Victim Relief
Relief for voice phishing harm may be applied for by a voice phishing victim to a financial company or similar institution.
To apply for relief from harm, the victim may submit an application for relief from harm to the financial company with a copy of an identification document attached.
If a person applies for relief from harm falsely, the person may be subject to imprisonment for not more than 3 years or a fine not exceeding 30 million won under the Special Act on Telecommunications-based Financial Fraud, so caution is required.
When relief from harm is applied for, the financial company reviews the relevant fraud-used account and takes a suspension-of-payment measure.
After the suspension-of-payment measure, the financial company requests the Financial Supervisory Service to make a public notice for commencing the procedure for the extinguishment of the claim.
Two months after the date of the public notice commencing the claim extinguishment procedure, the named holder's claim is extinguished.
If the total amount of harm exceeds the amount of the extinguished claim, the victim receives, as the refund of harm, an amount calculated by multiplying the amount of the extinguished claim by the ratio of the victim's total amount of harm.
Claim for Damages
In addition to filing for relief, a voice phishing victim may make a claim for damages against the offender.
This is making a claim for damages on the basis of a tort where one has suffered loss due to an unlawful act caused by the offender's intent or negligence, and the procedure is as follows.
If a conviction against the offender has been pronounced in the criminal proceedings, one may, instead of a civil claim for damages, file for a compensation order to recover the loss from the offender.
4. Details of Attorney Assistance for Voice Phishing Victim Relief
The client, who needed relief from voice phishing harm, had applied for a compensation order in the criminal case, but the court found that the perpetrator's liability for compensation was not clear and rejected the application.
Accordingly, the attorney decided to proceed with a claim for damages through civil procedure so that the client could receive damages for the loss caused by voice phishing.
Drafting and Filing the Complaint
The voice phishing specialist attorney, after a long consultation with the client, fully grasped the details of the case and prepared and filed a complaint.
The purport of the claim in the complaint prepared by the specialized attorney was as follows.
2. The costs of the lawsuit shall be borne by the defendant.
3. Paragraph 1 may be provisionally executed.
We seek a judgment to this effect.
Argument That the Offender Committed a Tort
The voice phishing specialized attorney argued that the perpetrator bore liability for damages because he had committed a tort.
The perpetrator had agreed to take on the role of a voice phishing cash collector, gathering and delivering cash from victims including the client.
The perpetrator deceived the client by posing as an employee of the Financial Supervisory Service, and thereby received and took 40 million won in cash.
The perpetrator was also sentenced to a term of imprisonment for this tort and is serving it.
Argument That the Offender Showed No Sign of Remorse
The voice phishing attorney argued that the perpetrator showed no sign of remorse at all regarding the offense in this case.
The client realized that she had been the victim of voice phishing and immediately reported it to the police.
During the trial, the perpetrator requested access to the client's contact information for the purpose of reaching a settlement with the client, but thereafter made no apology or settlement request whatsoever.
Accordingly, the attorney argued that the perpetrator was not showing a genuinely remorseful attitude.
Arguing That the Extent of the Client's Harm Is Serious
The voice phishing attorney argued that the degree of harm to the client from this case was serious.
The client had all of the assets accumulated over about 5 years taken, suffering not only financial harm but also psychological harm, and is reporting difficulties in daily life.
The client is suffering from severe depression, undergoing both psychiatric counseling and medication treatment.
The attorney, citing such circumstances, argued that because it is clear that the perpetrator committed a tort, the perpetrator has a responsibility to compensate the client for the loss.
5. Result of the Voice Phishing Victim Relief
As a result of a specialist attorney's assistance for voice phishing harm relief, the court rendered a judgment ordering the perpetrator to compensate the client 30 million won.
The client had been deeply hurt when the order for compensation was refused in the criminal proceedings, but expressed gratitude that, with the help of this firm's specialist attorney, she was able to be compensated for her loss.
As time passes, voice phishing harm cases are increasing and the methods are becoming more cunning.
Like the client in this case, anyone can suffer voice phishing harm at any time.
Daeryun, Korea's 9th-ranked law firm (based on the 2025 National Tax Service value-added tax filings), has established a 365-day, 24-hour emergency response system with specialist attorneys who have experience resolving related cases, and will stand on the client's side and prepare a response strategy for the client.
If you are in a situation requiring voice phishing harm relief, please proceed right now with the 🔗criminal attorney legal consultation reservation.
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