Deals & Cases

Aiding and abetting fraud
Aiding and abetting fraudNon-prosecution

Assistance of a Suwon Fraud Attorney | No Prosecution for Aiding and Abetting Fraud Obtained With the Assistance of a Suwon Attorney

The client who sought out a Suwon fraud attorney was at risk of being punished for aiding and abetting fraud. The client therefore requested a consultation with the Suwon office of Law Firm Daeryun, which has extensive experience in fraud matters.

1. The Client Who Came to a Suwon Crime of Fraud Attorney

The client who sought out a Suwon fraud attorney had become involved in a voice phishing fraud case.

The work the client had been doing was, in fact, that of a collection agent for a voice phishing organization.

Having learned of this fact through a notice of booking, the client requested a consultation with a Suwon fraud attorney in order to obtain legal assistance.

수원사기죄변호사-사기방조죄

The Circumstances of the Case Identified by a Suwon Crime of Fraud Attorney

The client's case, as identified by the Suwon fraud attorney, is as follows.

The client, who had originally worked as a licensed real estate agent, lost their job as conditions in the real estate market worsened.

Having to support the family's livelihood by any means, the client posted a resume on an online job-search site and, according to the client, entered into an employment contract with a real estate company.

For the first two weeks, the client performed commercial-area analysis work, and thereafter the client was assigned the task of collecting money from persons with poor credit through auction-related matters and the like.

However, this work was the role of a collection agent for a voice phishing organization, and as a result the client came to be charged with aiding and abetting voice phishing fraud.

Having learned of this fact through a notice of booking from the police station, the client promptly visited the Suwon office and requested a consultation regarding aiding and abetting fraud.

Aiding and Abetting Fraud, Explained by a Suwon Crime of Fraud Attorney

Even if a person does not directly commit a 🔗voice phishing crime, that person may still be punished where aiding and abetting fraud is established.

Here, ‘abetting’ means assisting from the side, and under criminal law any act that facilitates another person's commission of a crime is explained as constituting aiding and abetting fraud.

Because a voice phishing cash courier or collection agent has, in the end, assisted the fraudulent conduct of the criminal organization, that person comes to be charged with aiding and abetting fraud.

Where aiding and abetting fraud is recognized, the person receives a lower level of punishment than the person who directly committed 🔗fraud, but the punishment is aggravated in proportion to the amount of the gain.

Article 347 of the Criminal Act (Fraud)
(1) A person who deceives another and thereby receives the delivery of property or obtains a pecuniary advantage shall be punished by imprisonment for not more than ten years or by a fine not exceeding twenty million won.

Article 32 of the Criminal Act (Aiding and Abetting)
(1) A person who aids and abets the commission of a crime by another shall be punished as an accessory.
(2) The punishment of an accessory shall be mitigated below that of the principal offender.

* Accessory : a crime, or an offender, that aids and abets the commission of a crime by another
* Principal offender : a person who carries out the act constituting the crime

2. The Assistance Provided by a Suwon Crime of Fraud Attorney

The Suwon fraud attorney once again carefully reviewed the client's notice of booking and the facts of the case, and then established a strategy for the defense against punishment.

Thereafter, the attorney argued as follows and requested that the most lenient disposition possible be rendered.

Suwon Crime of Fraud Attorney: Arguing That There Was No Intent to Commit Fraud

The client learned of the fact of their involvement in the offense through a notice of booking from the police station.

Accordingly, the Suwon fraud attorney argued that the client had merely been deceived by and drawn in by the fraud organization, and that the client had had no intent whatsoever with respect to the act of aiding and abetting fraud.

Suwon Crime of Fraud Attorney: Arguing That the Client Could Not Have Suspected a Collection Agent

The client had in fact even signed an employment contract and, for the first two weeks, had performed ordinary work such as commercial-area analysis.

On this basis, the Suwon fraud attorney strongly argued that the client had been in a situation in which it was difficult to suspect that the role was that of a voice phishing collection agent.

3. The Result of the Suwon Crime of Fraud Attorney's Assistance: No Prosecution

As a result of the Suwon fraud attorney's assistance, the prosecution rendered a no prosecution disposition on the ground of insufficient evidence.

Insufficient evidence is one type of no prosecution disposition in which the prosecutor does not institute prosecution because the evidence needed to prove a suspect's charge is lacking.

As a result, the client was able to defend against punishment for aiding and abetting fraud and to conclude the case.

If You Are Looking for a Suwon Crime of Fraud Attorney

The case above was one in which a client who had become involved in aiding and abetting fraud without their knowledge, having been deceived by a criminal organization, requested the assistance of a Suwon fraud attorney at Law Firm Daeryun in order to find a way to respond.

In order to obtain a finding of no suspicion of aiding and abetting voice phishing fraud, one must be able to prove one's innocence together with specific evidence.

Therefore, it can be said to be prudent to seek a way to respond, such as gathering evidence and preparing a defense, together with a specialized attorney.

Law Firm Daeryun operates an evidence investigation group, and its specialized attorneys provide their utmost assistance, from the gathering of evidence that will be effective in court through the conduct of the trial defense.

If you are in a situation involving aiding and abetting fraud, such as serving as a voice phishing collection agent as described above, please request a consultation from the 🔗Suwon office of Law Firm Daeryun at any time.

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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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