Seongnam Attorney's Office Assistance | Assisting a Client Who Managed a Relay Station, Resulting in a Small Fine

The client received an offer from an unidentified person while looking for a job.

The offer was for work managing a USIM chip activated under another person's name by installing it in a smartphone device so that the CMC function could be used.

This is the role of a relay station manager who installs and manages equipment so that a voice phishing call is displayed as a domestic phone number.

The client took part in the voice phishing scheme without knowing these facts, and after being charged with a violation of the Telecommunications Business Act, the client requested the Seongnam attorney's assistance.

The Seongnam attorney's office explained 🔗voice phishing.

Voice phishing may be punished as follows.

※ Article 114 of the Criminal Act (Organization of a Criminal Group, etc.)
A person who organizes, joins, or acts as a member of a group or organization aimed at committing a crime punishable by death, imprisonment for life, or imprisonment for a definite term of at least four years shall be punished by the penalty prescribed for the intended crime. However, the sentence may be mitigated.

※ Article 347 of the Criminal Act (Fraud)
(1) A person who obtains property or property benefits by deceiving another shall be punished by imprisonment for not more than ten years or by a fine not exceeding 20 million won.
(2) The preceding paragraph also applies where a person, by the method described in that paragraph, causes a third party to obtain property or property benefits.

※ Article 30 of the Telecommunications Business Act
If a person arbitrarily provides to another the telecommunications services offered by a telecommunications business operator, or uses such services for another person's communication, a fine of up to 50 million won or imprisonment for not more than one year may be imposed.

*Because the level of punishment may differ depending on individual circumstances, please seek a 🔗legal consultation with an attorney.

The Seongnam attorney's office explained the terms related to a voice phishing organization.

1. Ringleader: Oversees the entire voice phishing operation, including renting overseas offices, recruiting illegal bank accounts, and distributing proceeds.

2. Lure: Calls victims while impersonating an investigative or financial institution to deceive them.

3. Illegal account recruiter: Recruits and manages illegal bank accounts and the like.

4. Cash collector: Meets victims in person, receives the stolen funds, and deposits them without a passbook.

5. Withdrawal and remittance agent: Withdraws the stolen funds deposited in illegal accounts and remits them overseas.

6. Relay station manager: Operates the relay equipment used to alter the voice phishing organization's phone numbers and functions such as making calls or sending text messages (CMC) from other devices.

7. Mobile phone activator: Activates ordinary phone numbers and mobile phone USIM chips under their own name and provides them for another person's communication.

8. Burner phone recruiter and distributor: Posts advertisements, receives information such as burner phones and phone numbers from the activators recruited through them, and manages the activated phones so that they are not cancelled.

A person who performed a voice phishing role such as those above may be punished.

The client performed the work without knowing that it was voice phishing.

Out of a sense of regret toward the victims, he wrote a letter of apology.

The Seongnam attorney's office argued that, after the client learned of the criminal conduct, he actively cooperated with the investigation and showed remorse.

The client was a diligent member of society who had never been involved in any crime before this offense.

The Seongnam attorney's office requested leniency so that the client could continue to live a life of contribution to society.

The client was able to receive a fine for the charge of violating the Telecommunications Business Act.

The Seongnam attorney collaborates with attorneys to provide assistance throughout the entire process, from the police investigation to trial.

If you are in a situation like the one above, please request assistance from a 🔗Seongnam attorney at any time.