[Uijeongbu Fraud Attorney Assistance] Uijeongbu Fraud Attorney, Obtained a Suspended Sentence for a Client Who Was a Cash Collector

The client in this case was urgently looking for a job as the family's financial circumstances had become difficult.

While searching for a job over the internet, the client

received a proposal stating, ‘if you do part-time document delivery work, you will be given a base salary of 1 million won, plus an allowance for each document delivery.’

Although the client knew that this work was an offense by a voice phishing organization, he accepted it and acted as a cash collector.

The client was placed in a situation where it was difficult to avoid an actual custodial sentence.

How did the Uijeongbu fraud attorney resolve the case?

■ Statutes related to voice phishing

Criminal Act Article 114 (Organization of Criminal Organizations, etc.)

- A person who organizes a group or organization with the aim of committing a crime punishable by death, imprisonment for life, or imprisonment for at least four years, or who joins such a group or acts as a member thereof, shall be punished by the penalty prescribed for the intended crime. The sentence may, however, be reduced.

Criminal Act Article 347 (Fraud)

(1) A person who obtains property or acquires a pecuniary advantage by deceiving another shall be punished by imprisonment for not more than 10 years or a fine not exceeding 20 million won.

Criminal Act Article 347-2 (Fraud by Use of a Computer, etc.)

A person who acquires a pecuniary advantage, or causes a third party to acquire one, by entering false information or improper commands into a computer or other data processing device, or by entering or altering information without authority so as to have data processed, shall be punished by imprisonment for not more than 10 years or a fine not exceeding 20 million won.

Criminal Act Article 350 (Extortion)

(1) A person who obtains property or acquires a pecuniary advantage by extorting another shall be punished by imprisonment for not more than 10 years or a fine not exceeding 20 million won.

Electronic Financial Transactions Act Article 49 (Penalty Provisions)

(4) A person who falls under any of the following shall be punished by imprisonment for not more than 5 years or a fine not exceeding 30 million won.

1. A person who transfers or acquires an access medium in violation of Article 6 (3) 1

2. A person who is lent or lends an access medium, or who keeps, delivers, or distributes one, in violation of Article 6 (3) 2 or 3

3. A pledgor or pledgee who violates Article 6 (3) 4

4. A person who arranges, brokers, or advertises in violation of Article 6 (3) 5, or who solicits while receiving, demanding, or promising consideration

5. A person who is provided with or provides account-related information, or who keeps, delivers, or distributes it, in violation of Article 6-3

※ Where the amount of profit is 500 million won or more, aggravated punishment may apply under the Act on Aggravated Punishment of Specific Economic Crimes

The Uijeongbu fraud attorney emphasized that the client was a first-time offender with no prior criminal record and that the client had lived as a conscientious member of society.

The Uijeongbu fraud attorney emphasized that the client had reached a settlement with 2 of the 3 victims in this case.

The Uijeongbu fraud attorney emphasized that the actual gains the client obtained through the offense in this case were not large.

Voice phishing offenses are committed in an organized and planned manner against an unspecified number of people, so the harm they cause to society can be substantial.

For this reason, the courts tend to impose severe punishment even on a person who took only a ‘partial’ role in the offense.

As a result, a person who becomes involved in a voice phishing offense may find it difficult to avoid heavy punishment.

For this reason, it can be advantageous to handle the case with an attorney from the early stages.

If, like the case above, you are facing difficult days because of a voice phishing offense, a Uijeongbu fraud attorney is available to assist.