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Q
Have I fallen victim to a cyber financial crime?
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Hello. I am asking because I am curious whether I have fallen victim to a cyber financial crime. Recently, I briefly lent an account in my name to a friend, but later I learned that it had been used for a voice phishing crime. I have not yet been contacted by the police, but I am curious whether I too participated in a cyber financial crime. I truly did not know. What would be the best way to respond?
cyber financial crime
financial crime
finance
Answer to Related Inquiry
Author: 김국일
This is a response regarding cyber financial crime.
First, the act of lending your own account to another person is itself illegal.
In particular, when the relevant account is used for a crime such as voice phishing, the account holder may also come under investigation as an accomplice or an aider.
In fact, an investigative agency will closely investigate whether the account holder participated in the crime and whether the account holder shared in the criminal proceeds.
Even if, as in your case, you claim that you merely lent the account in your name to a friend and did not know that it would be misused for a voice phishing crime, the investigative agency will thoroughly examine the circumstances in which the account was lent, the relationship with the friend, whether there was consideration, and whether there was awareness of the deposit and withdrawal records.
Therefore, it is difficult to be exempted from criminal liability on the mere ground that you did not know, and it is important to actively prepare materials that can prove your innocence.
I recommend that, with the help of a specialized attorney who has experience related to cyber financial crime, you secure in advance a written confirmation of the facts regarding the circumstances in which the account was lent, the text and messenger conversations with the friend, and explanatory materials regarding the transaction records, and that you establish a strategy for responding to the police investigation.
Daeryun Law Firm works to protect the rights and interests of clients, carrying out everything from evidence collection to mock investigation simulations in preparation for police investigations.
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