CONTENTS
- 1. Voice Phishing Cash Collector, What Were the Detailed Circumstances?
- - Voice Phishing Cash Collector, What Are the Relevant Statutes?
- 2. Voice Phishing Cash Collector, What Was the Court's Determination?
- 3. Voice Phishing Cash Collector, What Was Daeryun's Strategy?
1. Voice Phishing Cash Collector, What Were the Detailed Circumstances?
Mr. and Mrs. A, who stood trial in a criminal case on charges of acting as voice phishing cash collectors, received 17.6 million won from a victim over a period of about one month under the instructions of a member of a voice phishing organization.
They were also charged with printing out a false certificate of loan repayment, a certificate of termination of the credit and debt relationship, and similar documents received from the organization member, and delivering them to the voice phishing victims.
Accordingly, the first-instance court sentenced Mr. and Mrs. A to one year and six months' imprisonment and one year's imprisonment, respectively, on charges of fraud, forgery of a private document, uttering of the forged private document, and violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment, and the couple appealed, asserting that the sentencing was unduly harsh.
Voice Phishing Cash Collector, What Are the Relevant Statutes?
🔗Voice phishing is a fraud and economic crime in which the perpetrator calls a victim and obtains a financial benefit by deceiving the victim or inducing a mistake.
When a person acts as a member of a voice phishing organization or, like the defendants above, participates as a cash collector or courier, the level of punishment is determined by comprehensively considering factors such as the amount of harm and the number of victims.
Even if the gain actually obtained while acting as a voice phishing cash collector is not large, a heavy sentence may be imposed when the amount of harm to the victims is significant.
▣ Article 114 of the Criminal Act (Organization of Criminal Organizations, etc.) A person who organizes, joins, or acts as a member of an organization or group aimed at committing a crime punishable by death, life imprisonment, or imprisonment for a maximum term of at least four years shall be punished with the penalty prescribed for the intended crime. However, the penalty may be mitigated. |
▣ Article 347 of the Criminal Act (Fraud) (1) A person who obtains property or acquires a financial benefit by deceiving another shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 20 million won. |
2. Voice Phishing Cash Collector, What Was the Court's Determination?
In the appeal of the couple who had acted as voice phishing cash collectors and were sentenced to an actual custodial term at the first instance, the appellate court found that the lower court's determination contained a clear misapprehension of fact amounting to an error of law, and reversed the lower judgment ex officio.
The appellate court gave weight to the possibility that Mr. and Mrs. A had not known in advance that they were involved in a voice phishing crime.
As grounds, the court cited that the couple had consistently stated that they did not know it was a voice phishing offense, that they had almost no social experience, and that the amounts received from the organization members were not so excessive as to raise suspicion of illegality.
The court further held that, if the couple did not know that receiving cash under the instructions of the organization members was part of a voice phishing offense, they likewise would not have recognized that delivering the false loan repayment certificates to the victims was unlawful. Accordingly, the court determined that the offenses of forgery of a private document and uttering of a forged private document were not established, and that the cash received from the victims could not be regarded as criminal proceeds either.
The court explained, "The lower court found the facts charged by the prosecution to be guilty; however, there is a possibility that the defendants committed the acts without recognizing that they were participating in a voice phishing crime at the time."
It went on to state, "Only those who suffered financial harm can be regarded as victims, and the subjective intent of those who were merely used as tools of the offense cannot readily be recognized," and reversed the lower judgment and pronounced an acquittal.
3. Voice Phishing Cash Collector, What Was Daeryun's Strategy?
We have analyzed a district court judgment that reversed the first-instance ruling and pronounced an acquittal for defendants who had been brought to criminal trial as voice phishing cash collectors, on the ground that they had not been aware of the criminal facts.
In many cases, people become involved as voice phishing cash collectors after being deceived by labels such as a "short-term, high-paying part-time job" or "debt collection*."
When a person is criminally charged as a voice phishing cash collector, the criminal punishment is determined according to the amount of harm, and where no settlement is reached with the victims, a sentence of imprisonment may be imposed.
However, as in the case above, if it can be proven that the person was not aware of the criminal facts, there may also be a possibility of obtaining an acquittal.
That said, the party's own statement alone is not sufficient; this must be proven through objective evidence and circumstances.
For this reason, it is important to receive assistance from an attorney experienced in such matters from the early stages of the case and to prepare a thorough defense through in-depth consultation.
The 🔗Criminal Group of Daeryun Law Firm LLP, with 🔗extensive experience in related litigation, has attorneys who work diligently to help relieve the grievances of clients involved in voice phishing crimes.
If you need assistance in this regard, you are welcome to request a legal consultation with Daeryun Law Firm at any time.
* Debt collection : urging a debtor to perform when, without justifiable grounds, the debtor fails to pay money in accordance with the terms of the obligation on a monetary claim arising in the course of a financial or commercial transaction
