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Voice Phishing Custodial Sentence Reduction Case | Client Facing a Voice Phishing Custodial Sentence Obtains a Reduction to a Suspended Sentence
The client, who had received a voice phishing custodial sentence of one year and six months of imprisonment at the first instance, requested help from Daeryun. With the assistance of an attorney specializing in this field, the court's misapprehension of the facts was corrected, and the sentence was reduced to a suspended sentence.
1. Why the Client Facing a Voice Phishing Custodial Sentence Came to Daeryun
Cases in which couriers who collect cash from voice phishing victims and then deliver it to the voice phishing organization receive actual custodial sentences are increasing. The client likewise received a voice phishing custodial sentence at the first instance, and the client requested Daeryun's assistance in order to obtain a reduction through the appeal.
The Client Facing a Voice Phishing Custodial Sentence

The circumstances under which the client came to face punishment for voice phishing are as follows.
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In the end, the client was charged with having participated in a crime targeting multiple victims, and at the first instance he received a voice phishing custodial sentence of one year and six months of imprisonment, and the client sought to obtain a reduction through the appeal.
Statutes Relevant to Voice Phishing Punishment
Voice phishing involves deceiving another person to extort property, and under the Criminal Act it constitutes “fraud.”
▣ Criminal Act Article 347 (Fraud) A person who, by deceiving another, receives the delivery of property or acquires a pecuniary benefit shall be punished by imprisonment for not more than ten years or by a fine not exceeding twenty million won. |
▣ Criminal Act Article 114 (Organization of Criminal Groups, etc.) A person who organizes, joins, or acts as a member of a group or organization established for the purpose of committing a crime punishable by death, life imprisonment, or imprisonment for a maximum term of not less than four years shall be punished by the penalty prescribed for the intended crime. However, the punishment may be mitigated. |
2. The Client Placed in the Position of a Voice Phishing Custodial Sentence
The reasons that the client received a voice phishing custodial sentence at the first instance were as follows.
① He collected cash from unidentified persons under their instructions and remitted it, which is the same as the typical role performed by a cash collector and courier of a voice phishing criminal organization.
② The client made no confirmation whatsoever as to whether the company to which the unidentified persons belonged actually existed or as to its business operations.
③ The money the client received under the name of a fee and the like appeared to be excessive compensation in light of the simple nature of the work he performed.
Through detailed consultations with the client, Daeryun ascertained the client's circumstances at the time of the incident, and in order to argue that the sentence was unjust by correcting the misapprehension of the facts and the misunderstanding of the law in the court's judgment, it explained as follows.
There Was No Intent
The client exchanged messages in real time with the unidentified persons of the voice phishing organization through the Telegram messenger.
In that process, only simple instructions such as account numbers, names, and resident registration numbers were repeated, and nothing suggesting voice phishing could be found.
Because voice phishing increasingly employs sophisticated methods of commission, the client had no idea that his own conduct was a type of voice phishing method, and the attorney therefore argued that intent could not be found.
It Was Difficult to Doubt Whether the Members Actually Existed
The client argued that when he searched online for the company name the voice phishing organization members had written in the messenger, a casino business with a similar name appeared, and because the members also told him it was casino work, it was difficult to be suspicious.
In addition, the attorney argued that it is not an easy matter for a job applicant to actively demand or verify identity information regarding the actual existence of the business he is seeking to join, the employer, and the like.
The Criminal Proceeds Actually Received Were Very Small
The client used most of the money remaining after remitting it to the unidentified members of the voice phishing organization for expenses such as taxi fares, and the criminal proceeds he actually received amounted to about 900,000 won.
The attorney emphasized that, of that amount, 490,000 won was paid toward overdue mobile phone charges and 320,000 won toward interest on loan debt, so that most of it was used to cover living expenses.
3. Client Facing a Voice Phishing Custodial Sentence Overturns the First-Instance Judgment and Successfully Defends With a Suspended Sentence
The client, who had been placed at risk of an actual custodial sentence through voice phishing punishment, was able to receive a suspended sentence with Daeryun's assistance by correcting the court's misapprehension of the facts.
It was a case in which the prosecutor's appeal, claiming that the first-instance sentence was too light, was also dismissed.
Because the Possibility of a Voice Phishing Custodial Sentence Is High
Voice phishing crimes operate on an organizational basis, and in most cases the actual managerial members have fled abroad or have, from the outset, merely issued instructions from overseas.
Accordingly, those punished for voice phishing within the country are often part-time workers or homemakers who became involved in the crime without realizing it.
If you are booked on a charge of aiding and abetting fraud through voice phishing, like the client above, after acting as a cash courier, you cannot be relieved of criminal liability merely on the ground that you did not know it was voice phishing.
In such a case, rather than maintaining only the position that you “did not know” or that you “were wronged,” you should seek the legal assistance of an attorney specializing in this field from the early stages of the case in order to find factors that may lead to a reduced sentence.
At Daeryun Law Firm, attorneys with extensive experience handling voice phishing cases actively assist clients, so if you need help, you are welcome to visit at any time.
![보이스피싱 사기 감형 [보이스피싱처벌 감형 사례] 보이스피싱처벌로 실형 위기에 처한 의뢰인, 대륜의 도움 받아 집행유예로 감형 성공](/_next/image?url=https%3A%2F%2Fd1tgonli21s4df.cloudfront.net%2Fupload%2Fseo%2Fsuccess%2F20240704051509958.webp&w=828&q=100)
This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.
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