Wonju Criminal Defense Attorney | A Wonju Attorney Who Defended Against Charges of Unlawful Account Opening, Securing a Suspension of Indictment in a Voice Phishing Case

The client's case, as understood by the Wonju criminal attorney, was as follows.

While looking into a loan because the client needed money, the client was asked by an anonymous counterparty to open a bank account in the client's name.

The client was unaware of the loan terms and simply believed it to be a procedure for obtaining the loan, so without recognizing that one must not open a bank account for another person, the client opened the account, and that account was used as a fraudulent (borrowed-name) account by a voice-phishing organization.

Afterward, all of the other accounts held in the client's name were frozen, and after receiving a call from the police, the client urgently came to the Wonju criminal attorney seeking a suspension of indictment in the voice-phishing matter.

No person shall, in using and managing access media, receive, demand, or promise consideration, or for the purpose of using them in a crime, borrow access media or engage in lending them, or storing, delivering, or distributing them.

The term ‘access media’ under the Electronic Financial Transactions Act includes not only a bank account (passbook) but also a check card, a certified digital certificate, and electronic information (such as an account password or a certificate password).

A violation may, regardless of the person's own negligence or mistake, be punishable by imprisonment for not more than five years or a fine not exceeding 30 million won.

A person who transfers an account knowing that it will be used for a fraud offense may also be punished for aiding and abetting fraud.

The applicable statutory provision differs depending on whether the act was intentional or a mistake.

The attorney emphasized that the client deeply regretted the offense and had confessed to it.

The client not only regretted this choice but also blamed himself for becoming involved in such a crime, and the attorney submitted the client's handwritten letter of apology as an attachment to convey that the client was sincerely remorseful.

In the criminal attorney's many years of experience, submitting such a letter of apology can serve as a mitigating factor in sentencing.

The client did not actually take part in the fraud offense, and he gained no financial benefit whatsoever from it.

The criminal attorney requested transaction statements from each bank and prepared materials to demonstrate this. By submitting them to the police, the attorney argued in the client's defense that, because the client had in fact received no money at all, he too was deceived by someone and was in effect a victim used in the opening of a borrowed-name account.

The client was living in difficult circumstances with his parents, and this incident marked the first time he had been involved in a crime.

Emphasizing this point, the criminal attorney attached documents such as a family relation certificate and argued that, if the client received criminal punishment as a result of this case, his livelihood would become difficult.

His family also hoped for leniency, and the attorney requested that the prosecution exercise leniency, pointing out that the client worked diligently at his company and that the likelihood of reoffending was very low.

This case concluded with a suspension of indictment in the voice phishing matter.

Although the alleged facts were acknowledged, taking into account the fact that the client was a first-time offender, that he gained no financial benefit, and that he was sincerely remorseful, the case ended at the prosecution stage with a suspension of indictment in the voice phishing matter, concluding at the prosecution stage .

If you need legal assistance regarding a suspension of indictment in a voice phishing case, please reach out to Daeryun Law Firm.