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Violation of the Special Act on Telecommunications-based Financial Fraud, etc.

Violation of the Special Act on Telecommunications-based Financial Fraud, etc.Acquittal

Voice Phishing Case | A Voice Phishing Attorney Secures Acquittal for a Client Mistaken for a Cash Courier

2026.06.15박동일

In this voice phishing case, the client came under suspicion of involvement in a crime by the investigative authorities but, with the assistance of a voice phishing attorney, received a judgment of acquittal and returned to daily life.

1. Overview of How the Client in This Voice Phishing Case Became Involved in the Crime

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In this voice phishing case, the client became involved after being introduced to delivery work through a job-search website.

The client was informed by the relevant business that he would receive cash and deliver it to a designated location in exchange for a fee, and he began the work understanding it to be a normal outsourced job.

In the course of the work, the client met with several victims, received cash, and delivered it, and as the amount of loss accumulated through this process, the investigative authorities came to suspect the client of being a cash courier for a voice phishing organization.

However, the client had no awareness whatsoever that the work was connected to a voice phishing crime, and because the business he had applied to also appeared on its face to be an ordinary company and its working methods resembled those of a typical company, he carried out the work without any suspicion of involvement in a crime.

In the end, although the client was merely performing a task, he was mistaken for a participant in the voice phishing crime and was brought to criminal trial, and to respond to this he sought out an attorney specializing in voice phishing.

Learn more about the definition, punishment level, and response strategy of voice phishing charges.
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2. The Core Response Strategy in This Voice Phishing Case

In this voice phishing case, the voice phishing attorney established a response strategy by closely examining whether a conspiratorial relationship and criminal intent existed, focusing on the circumstances of the client's participation and his awareness of the crime.

Legal Review of Whether a Conspiratorial Relationship Was Established

The attorney specializing in voice phishing conducted the defense centered on the point that it was difficult to find that the client had been in a conspiratorial relationship with the voice phishing organization.

Emphasizing that the mere fact of having delivered cash on instruction does not readily establish a conspiracy with the organization, the attorney explained in concrete terms that the client's role had been limited.

Proof of the Absence of Awareness of the Crime (Intent)

The attorney specializing in voice phishing focused on proving that the client did not know that the conduct in question was a voice phishing crime.

On the grounds that the client had been hired through a job-search website and that the working methods also appeared to be ordinary delivery work, the attorney explained that there had been no criminal intent.

Organization of Circumstances Showing the Client Appeared to Be a Normal Worker

The client engaged in no separate concealment in the course of performing the work and cooperated actively during the investigation.

On these grounds, the attorney specializing in voice phishing emphasized that the client had acted as a normal worker rather than with an awareness of the crime.

‘Case merging’, a hidden variable that determines the sentence in voice phishing cases
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3. Result of the Assistance in This Voice Phishing Case: A Judgment of Acquittal

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In this voice phishing case, the court rendered a judgment of acquittal for the client.

Accepting the arguments of the voice phishing attorney, the court found that it was difficult to conclude that the client had conspired with the criminal organization and that there was insufficient basis to recognize that he had been aware of the crime.

As a result, the client was able to return to daily life and conveyed his gratitude to the voice phishing attorney.

If You Have Been Suspected of Voice Phishing

Such cases are fundamentally based on the crime of fraud under Article 347 of the Criminal Act, and depending on the circumstances, where a person has been involved in providing an account or transferring funds, a violation of the Electronic Financial Transactions Act may also be at issue.

Where the crime of fraud under the Criminal Act is established, the offender shall be punished by imprisonment for not more than 20 years or a fine not exceeding 50 million won.

In addition, where a person has provided or relayed a means of telecommunication, a violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection or the Telecommunications Business Act may additionally apply.

First, whether the person was aware that his conduct constituted a fraud crime (whether there was intent)

Second, whether the person conspired with the voice phishing organization or assisted in the crime

The mere fact of having delivered cash does not result in punishment; liability arises only where awareness of the crime and the degree of participation are recognized.

Furthermore, even where a person performed the role of delivering cash, that person may be punished as an aider and abettor if awareness of the crime is recognized.

In such a case, the person may be punished as an aider and abettor of fraud under the Criminal Act and may be sentenced to imprisonment or a fine.

How to Respond

Element of Response	Key Content
Proof of the Absence of Intent	Explaining that the work was performed without any awareness of a crime
Denial of Conspiracy	Proving that the relationship with the organization and the role were limited
Securing Evidence	Securing objective materials such as the hiring process, the work instructions, and the conversation records

Factors Considered in Sentencing

The court considers the following circumstances comprehensively.

• Whether participation was passive and carried out under another's instruction

• Whether awareness of the crime (intent) existed

• Whether the person actually acquired the proceeds of the crime

• Whether the person cooperated with the investigation and showed remorse

• Whether the person is a first-time offender and whether there is any record of criminal punishment

In particular, in voice phishing cases, awareness of the crime (intent) and the degree of participation serve as important factors in determining the sentence.

If You Need the Assistance of a Voice Phishing Attorney

Because the initial response is critical in criminal cases such as voice phishing cases, it is necessary to analyze the entire case systematically and respond accordingly.

Drawing on its experience in handling criminal cases, Law Firm Daeryun establishes stage-by-stage strategies from the early stages of a case through trial.

Daeryun, the ninth-largest law firm in the Republic of Korea (based on 2025 value-added tax filings with the National Tax Service), provides, through a one-team system in which specialists in each field, including criminal law specialist attorneys, collaborate, tailored legal services from the early response to a case through the trial stage.

Because a legal review suited to the structure of the case must accompany the response, if it is difficult to determine how to proceed, you may obtain assistance through a 🔗legal consultation reservation.

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보이스피싱사례 | 현금 전달책으로 오해받은 의뢰인 무죄 이끈 보이스피싱변호사

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
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