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Aiding and abetting fraud

Defense Against Aiding and Abetting Voice Phishing Fraud | A Suspended Sentence for a Client Charged with Aiding and Abetting Fraud

The client, who was facing punishment on a charge of aiding and abetting fraud in connection with voice phishing, came to a criminal attorney at Daeryun in order to receive assistance from the police investigation stage.

CONTENTS
  • 1. The Client Charged with Aiding and Abetting Voice Phishing Fraud
    • - The Circumstances of the Involvement in the Charge of Aiding and Abetting Fraud
  • 2. Statutes Related to Aiding and Abetting Voice Phishing Fraud
    • - Identifying the Issues of the Voice Phishing Fraud Case
  • 3. Assistance Provided for Aiding and Abetting Voice Phishing Fraud
    • - Criminal Attorney's Argument (1) | An Amicable Settlement with the Voice Phishing Fraud Victim
    • - Criminal Attorney's Argument (2) | Absence of Intent
  • 4. Aiding and Abetting Voice Phishing Fraud Assistance Outcome, 'Suspended Sentence'
    • - If You Are Involved in a Voice Phishing Case?

1. The Client Charged with Aiding and Abetting Voice Phishing Fraud

Suspended sentence judgment for a client charged with aiding and abetting voice phishing fraud

The client, who had even faced the risk of an actual custodial sentence on a charge of aiding and abetting voice phishing fraud, was able to overcome the crisis by receiving a suspended sentence through the assistance of a criminal attorney.

The Circumstances of the Involvement in the Charge of Aiding and Abetting Fraud

The client received a text notice stating 'recruitment of new employees' and applied for a position in the company's fund management work.

After submitting an application, the client received a notice of acceptance and, at the company's request, provided the client's own bank account.

A large sum of money was subsequently deposited into the client's account, and following an instruction to transfer it to another designated account, the client carried out the transfer as instructed.

As time passed, however, the client began to feel that something was wrong and immediately gave notice of an intention to stop performing the work.

Not long afterward, the client received a call from the police to appear for questioning in connection with a voice phishing case, and without the client's knowledge, the client found himself implicated in aiding and abetting fraud in a voice phishing scheme.

In this bewildering situation, the client sought out a criminal attorney at Daeryun to respond promptly to the case and requested assistance.

2. Statutes Related to Aiding and Abetting Voice Phishing Fraud

Aiding and abetting fraud in voice phishing is punished under the Criminal Act as follows.

▶ Punishment for the crime of fraud

Criminal Act Article 347 (Fraud)

A person who, by deceiving another, obtains the delivery of property or acquires a pecuniary benefit shall be punished by imprisonment for not more than 20 years or by a fine not exceeding 50 million won.

▶ Punishment for aiding and abetting

Criminal Act Article 32 (Accessory)

① A person who aids and abets the commission of a crime by another shall be punished as an accessory.

② The punishment of an accessory shall be mitigated below that of the principal offender.

*Accessory: Also referred to as an "aider and abettor," that is, a person who assists the criminal conduct of another.

*Principal offender: A principal offender refers to a person who directly carries out the criminal conduct.

Identifying the Issues of the Voice Phishing Fraud Case

The key issue of the case was the client's intent, that is, whether the client voluntarily participated in the voice phishing crime.

In addition, the fact that the account continued to be used even though the client had clearly expressed an intention to stop the work, as well as the possibility of recovery of the damage and settlement, were also identified as important issues.

Accordingly, to prove the client's innocence, the criminal attorney established a response strategy centered on the absence of intent.

3. Assistance Provided for Aiding and Abetting Voice Phishing Fraud

Voice phishing aiding and abetting fraud, criminal defense attorney establishing a response strategy

The criminal defense attorney established a response strategy centered on the absence of intent so that the client could obtain a suspended sentence.

The attorney secured evidence regarding the expression of intent to stop the work and the circumstances of the account's use, prepared measures to actively make use of efforts to remedy the harm and the possibility of a settlement, and argued as follows.

Criminal Attorney's Argument (1) | An Amicable Settlement with the Voice Phishing Fraud Victim

The client had a deep sense of remorse toward the victims and made a sincere effort to repair the harm.

Fortunately, on this basis, an amicable settlement was reached with the victims, and the victims, after receiving the settlement amount from the client, submitted a statement of no desire for punishment indicating that they did not wish for punishment.

In this process, Daeryun's criminal defense attorney played an important role in conveying the client's sincerity to the victims and in bringing about the settlement.

The criminal defense attorney arranged a dialogue with the victims and presented appropriate settlement terms, providing assistance so that the case could be concluded amicably.

Criminal Attorney's Argument (2) | Absence of Intent

The criminal defense attorney collaborated with the evidence investigation center to closely analyze the KakaoTalk conversation records from the time of the incident.

As a result, it was confirmed that, even though the client had already clearly expressed an intention to stop the work in question, a large sum of money had been transferred into the account.

Soon afterward, a report was received from a voice phishing victim, and the client's account was subjected to a payment suspension measure.

It was only then that the client first learned of being involved in a voice phishing crime.

Accordingly, the criminal defense attorney emphasized that the client had had no intent whatsoever with respect to the aiding and abetting fraud in the voice phishing.

4. Aiding and Abetting Voice Phishing Fraud Assistance Outcome, 'Suspended Sentence'

Need for specialized attorney assistance in an aiding and abetting voice phishing fraud case

After assisting the client charged with aiding and abetting voice phishing fraud, the court rendered a suspended sentence.

If You Are Involved in a Voice Phishing Case?

Voice phishing cases involve large-scale damage, and because it is difficult to prove whether the persons involved acted with intent, a person may, if not careful, be unjustly punished.

In particular, because there are many cases in which a simple act of providing an account or following an instruction to transfer funds is recognized as aiding and abetting fraud in voice phishing, a specialized legal response is more important than anything.

Daeryun LLC has many attorneys with extensive experience in criminal cases.

In addition, through its own evidence investigation and digital forensics center, it collects and analyzes digital materials such as KakaoTalk, text messages, and account transaction records, and prepares response measures suited to the situation.

If you are facing an investigation or trial for aiding and abetting fraud in voice phishing, please do not agonize over it alone, and request assistance through the Daeryun LLC 🔗legal consultation booking.

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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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