CONTENTS
- 1. The Client Who Came to Undergo a Police Investigation Regarding Voice Phishing
- - Background of the Voice Phishing Case
- 2. Assistance Provided in the Voice Phishing Police Investigation
- - Denial of Awareness of the Work and Securing of Materials
- - Confirmation of the Client's Status as a Victim
- - Confirmation of the Work and Denial of Voluntary Participation in the Offense
- 3. Voice Phishing Police Investigation Assistance Result, ‘Non-Prosecution’
- 4. Points to Keep in Mind During a Voice Phishing Police Investigation
- - What Was the Charge Against the Client?
- - If You Are Facing a Voice Phishing Police Investigation
1. The Client Who Came to Undergo a Police Investigation Regarding Voice Phishing
The client, who came to undergo a police investigation regarding voice phishing, was at risk of receiving serious punishment as a voice phishing courier, but through the systematic assistance of the attorney, the client received a non-prosecution disposition and was able to conclude the case smoothly.
Background of the Voice Phishing Case
The client, a homemaker, posted a resume on a job-search website in order to find part-time work.
The client was then contacted by Company A and took on administrative duties, and before long the role was changed to customer support, which the client began to perform.
The client, who carried out the work without any suspicion, met customers directly to receive and deliver items, but it later came to light that the work had in effect been the role of a voice phishing courier.
The client was then contacted by the police to undergo a police investigation concerning voice phishing. Recognizing the importance of an early response when implicated in a serious criminal case, the client urgently requested assistance from an attorney.
2. Assistance Provided in the Voice Phishing Police Investigation
Before the police investigation concerning voice phishing, the attorney identified the issues in this case as follows.
The main issues in this case were the possibility that the client could be mistaken for a voice phishing courier even though the client had merely performed part-time work, and the question of proving any actual criminal intent or conspiracy.
In addition, the facts that the client had received only a small sum and had expressed an intention to stop immediately upon becoming suspicious during the course of the work served as key issues in the assessment of the case.
Accordingly, the attorney established a strategy for responding to the police investigation concerning voice phishing as follows.
Denial of Awareness of the Work and Securing of Materials
First, in order to prove that the client did not know that the work involved acting as a voice phishing courier, the attorney collected the KakaoTalk conversations with the Company A employee and the records of work instructions as evidence.
The attorney then carefully analyzed the obtained conversations and materials and confirmed that there was no indication that the client had been aware of or involved in the organization's criminal structure or the flow of funds beyond the delivery work.
Accordingly, the attorney emphasized that there was no material from which it could be concluded that the client in this case had discussed the telecommunications-based financial fraud offense with members of the voice phishing organization.
Confirmation of the Client's Status as a Victim
Second, in order to establish that the client was also a victim of voice phishing, the attorney reviewed the account records and salary records.
The attorney confirmed that if the client had conspired in the voice phishing offense, the client would have received a large sum, whereas the amount the client actually received was an extremely small daily wage of no more than 100,000 won.
Through this, the attorney emphasized that the client had performed the work in the nature of mere part-time employment rather than having conspired in the offense.
Confirmation of the Work and Denial of Voluntary Participation in the Offense
Lastly, the attorney emphasized that the client had actively confirmed matters by asking questions about points of doubt as they arose during the course of the work.
Accordingly, the attorney emphasized that, although the client had performed the first task as instructed, the client gave notice of an intention to stop the work immediately once suspicions arose.
Through this, the attorney established that the client had not voluntarily participated in the offense.
3. Voice Phishing Police Investigation Assistance Result, ‘Non-Prosecution’
The client, who faced a police investigation regarding voice phishing, through the attorney's assistance established that the work had been a simple part-time job, and was able to receive a non-prosecution disposition on the basis of the facts that only a small amount had been received and that the work had been stopped immediately.
As a result, the client was able to move beyond the risk of criminal punishment, and to clearly establish that there had been no voluntary participation in the crime.
4. Points to Keep in Mind During a Voice Phishing Police Investigation
In voice phishing cases, even mere part-time work or errands may be mistaken for involvement in the offense, so it is important to clearly explain the facts during the investigation.
In particular, one should give specific statements about how the money or goods came to be delivered, the channel through which the instructions were received, and the content of communications with the other party.
In addition, during the police investigation, it is advisable to give statements centered only on facts that one has personally confirmed, rather than speaking of conjecture or uncertain matters.
What Was the Charge Against the Client?
The charge against the client, who requested assistance ahead of a police investigation concerning voice phishing, was a violation of the Special Act on Telecommunications-based Financial Fraud.
A violation of the Special Act on Telecommunications-based Financial Fraud is referred to in short as telecommunications-based financial fraud.
The types of telecommunications-based financial fraud broadly include voice phishing, smishing, phishing sites, messenger phishing, and pharming.
A person who, like the client, becomes implicated in a case through involvement with a telecommunications-based financial fraud organization may be subject to the following punishment.
| Article 15-2 of the Special Act on Telecommunications-based Financial Fraud | Imprisonment for a definite term of not less than one year, or a fine equivalent to not less than three times and not more than five times the criminal proceeds, may be imposed, or these may be imposed concurrently. |
If You Are Facing a Voice Phishing Police Investigation
As in the case of the client above, if you are facing a police investigation concerning voice phishing, an actual custodial sentence is often imposed even in cases of mere participation, so it is advisable to seek an attorney's assistance promptly.
Daeryun Law Firm includes a number of attorneys registered as certified criminal law specialists with the Korean Bar Association, and from the early stages of a voice phishing police investigation, it carefully analyzes the circumstances of the client's work and whether the client was aware of the offense, and provides systematic assistance, including securing evidence and preparing statements.
If you are experiencing difficulties due to a voice phishing police investigation, you may request assistance through 🔗Legal Consultation Booking.
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