Voice Phishing Attorney Assistance | Voice Phishing Attorney Successfully Defends a Voice Phishing Client With “Non-Prosecution”

2024.07.31박동일

The voice phishing attorney was sought by the client, who, having taken part in voice phishing, was placed in a situation of facing heavy punishment and requested assistance from the attorney of Daeryun LLC.

1. The Client Who Sought a Voice Phishing Attorney

The voice phishing attorney was sought by a client who deceived victims through voice phishing offenses and received forty-six million won from a victim who was thereby deceived.

The client came to an attorney of Daeryun LLC in order to reduce the sentence for the voice phishing offense as much as possible.

How the Client Came to Seek a Voice Phishing Attorney

The client was looking for work online in order to earn living expenses.

In the course of this, the client received an offer of 200,000 won per day simply for delivering customers' important items or documents.

With the household in financial difficulty, the client was tempted by the offer and decided to take the part-time job.

The work the client took on, however, was that of a "cash courier" facilitating the crimes of a voice phishing organization.

The client, having conspired with members of the voice phishing organization and received 46 million won from a victim, was placed in a situation facing serious punishment.

The client visited a voice phishing attorney to resolve the case with the assistance of a specialist attorney.

2. Case-Related Statutes Explained by a Voice Phishing Attorney

Criminal Act Article 114 (Organization of a criminal organization, etc.)

A person who organizes, joins, or acts as a member of an organization or group formed for the purpose of committing a crime punishable by the death penalty, life imprisonment, or imprisonment for a maximum term of not less than 4 years shall be punished by the penalty prescribed for the intended crime. However, the penalty may be mitigated.

Criminal Act Article 347 (Fraud)

A person who takes possession of property or obtains 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)

A person who obtains pecuniary advantage, or has a third party obtain it, by entering false information or improper instructions into a data processing device such as a computer, or by entering or altering information without authority and thereby causing data processing, shall be punished by imprisonment for not more than 10 years or a fine not exceeding 20 million won.

Criminal Act Article 348 (Quasi-fraud)

A person who takes possession of property or obtains pecuniary advantage by exploiting a minor's lack of discernment or a person's mental disorder shall be punished by imprisonment for not more than 10 years or a fine not exceeding 20 million won.

Criminal Act Article 349 (Unjust enrichment)

A person who obtains a markedly unjust advantage by exploiting another person's distressed and pressing situation shall be punished by imprisonment for not more than 3 years or a fine not exceeding 10 million won.

Criminal Act Article 350 (Extortion)

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

🔗 Voice phishing couriers and dolus eventualis

3. Assistance Provided by the Voice Phishing Attorney

The voice phishing attorney devised a meticulous strategy to obtain a decision of non-prosecution in the client's case and argued the following.

Voice Phishing Attorney Argues That the Client Is Deeply Remorseful

It was argued that the client was deeply ashamed of and greatly regretted having committed the offense in this case in order to obtain living expenses, and had written a letter of apology.

Voice Phishing Attorney Argues That the Client Reached a Settlement With the Victim

It was argued that, in order to restore the victim's loss, the client delivered a settlement amount far larger than the amount of the loss, and that the victim accordingly expressed the intent not to seek punishment of the client.

Voice Phishing Attorney Argues That the Client Poses No Risk of Reoffending

We argued that, before the client took part in the criminal acts of the voice phishing organization, they were a first-time offender with no prior offenses of the same type whatsoever, and that, with firm social ties, there was no risk of recidivism whatsoever.

4. The Prosecution's Decision on the Voice Phishing Attorney's Arguments

The prosecution accepted the arguments of the voice phishing attorney and rendered a 'non-prosecution' decision.

If You Need the Help of a Voice Phishing Attorney

Law Firm Daeryun has criminal law attorneys with prior service experience in judicial, prosecutorial, and police roles who jointly handle criminal cases, and thus responds to criminal matters in a specialized manner.

If you require the assistance of an attorney specializing in this area, please reach out to Law Firm Daeryun, which offers consultation and prompt response 24 hours a day, 365 days a year.

▼ Learn about consultations with a criminal law attorney

🔗 Reasons to seek a consultation with a criminal law attorney

보이스피싱변호사 조력 | 보이스피싱변호사, 보이스피싱 의뢰인 ‘불기소’ 방어 성공

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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