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Violation of the Special Act on Telecommunications-based Financial Fraud
Violation of the Special Act on Telecommunications-based Financial FraudSuspended sentence

Case of Assistance in a Voice Phishing Police Investigation | Suspended Sentence for a Client Charged with Voice Phishing

The client, who came to undergo a voice phishing police investigation, hurriedly sought out Daeryun's criminal defense attorney after being suspected of having participated in a voice phishing offense by impersonating a financial institution employee.

1. The Client Who Became Subject to a Voice Phishing Police Investigation

Voice phishing police investigation: a case involving a voice phishing cash collector

The client, who came to be subject to a voice phishing police investigation, had been reported as a voice phishing cash collector and was at risk of an actual custodial sentence, but with the prompt assistance of a criminal defense attorney, he received a suspended sentence.

How the Client Became Involved in the Voice Phishing Case

The client applied after seeing a part-time job recruitment notice, and at first was told it was simple office work and began the job.

However, as time passed, the client was assigned the task of delivering cash on someone else's behalf, and after performing this twice, the client felt it seemed to be work related to private moneylending and conveyed an intention to quit the job voluntarily.

Not long afterward, however, the police came and stated, in effect, that the client had conspired with a voice phishing organization to impersonate a bank employee and collect cash.

The client pleaded that it was unfair to be reported on these grounds even though the client had never actually impersonated a bank employee.

Moreover, the client was raising a young child alone, so the fear of an actual custodial sentence was great, and the client could not help but suffer from extreme anxiety.

In the end, ahead of the voice phishing police investigation, the client sought out and requested help from a criminal law attorney at Daeryun in order to resolve the case promptly and accurately.

2. Relevant Statutes to Know Before a Police Investigation Into Voice Phishing

The client was 🔗telecommunications-based financial fraud facing a police investigation on suspicion of violating the Special Act on the Prevention of and Refund of Damages Caused by Telecommunications-based Financial Fraud.

Special Act on the Prevention of and Refund of Damages Caused by Telecommunications-based Financial Fraud, Article 15-2 (Penalty Provisions)

A person who commits telecommunications-based financial fraud shall be punished by imprisonment with labor for at least 1 year or a fine equivalent to at least 3 times but not more than 5 times the criminal proceeds, or both may be imposed concurrently.

This crime is subject to the following punishment, and where a person aids it under Article 32 of the Criminal Act, that person is also punished as an accessory under the Criminal Act.

Criminal Act, Article 32

AccessoryA person who aids the crime of another is punished as an accessory.

Issues in the Case

The main issue in this case was whether the client was merely a cash collector who delivered cash under instructions, or whether he was a principal offender who led the crime in conspiracy with a voice phishing organization.

Accordingly, the criminal attorney closely collected relevant evidentiary materials to demonstrate that the client had merely followed instructions, and on that basis established a systematic pleading plan.

3. Scope of Assistance in the Voice Phishing Police Investigation

Voice phishing police investigation assistance and response strategy

The client, who was facing a voice phishing police investigation, earnestly requested the assistance of Daeryun's criminal law attorney, saying that he wished to avoid an actual custodial sentence at all costs.

The criminal law attorney thoroughly grasped the specific facts of the case through a careful consultation with the client, and judged that the client had no prior record and, given the circumstances of the case, was highly likely to fall under an accomplice who aided the offense.

Accordingly, the criminal law attorney established a strategy from the early stage of the voice phishing police investigation so that the client could receive a suspended sentence rather than an actual custodial sentence, and assisted as follows.

Assistance in the Voice Phishing Investigation (1) | The Client Did Not Lead the Offense

The criminal attorney confirmed that the client had merely performed the role of a "collector" who received instructions and delivered cash, and was not the principal offender who planned or directed the offense.

In addition, through objective evidence such as conversation records and account-tracing materials submitted to the investigative agency, we were able to prove the circumstance that the client simply participated without sufficiently being aware of the structure of the offense or the overall flow of the crime.

On the basis of these materials, the attorney emphasized that the client had not led the offense.

Assistance in the Voice Phishing Investigation (2) | An Amicable Settlement

Although the client too had been deceived in part by the voice phishing organization, he expressed an intent to sincerely apologize to the people who were harmed because of him.

Accordingly, the client voluntarily prepared to remedy the harm, and the criminal attorney actively coordinated and assisted in this process so that smooth communication with the victims could take place.

In particular, the attorney also prepared the writing of a letter of apology so that the client's sincere apology could be sufficiently conveyed to the victims, and presented realistic settlement conditions that took the client's financial circumstances into account, entering into negotiations.

As a result, it was emphasized that the victims accepted the client's sincerity and submitted a settlement agreement together with a statement of no desire for punishment.

4. Result of Assistance in the Voice Phishing Police Investigation: “Suspended Sentence”

Suspended sentence as the result of assistance from the voice phishing police investigation stage

As a result of assistance from the voice phishing police investigation stage, the client received a "suspended sentence" judgment in this voice phishing case.

The client repeatedly expressed gratitude, saying that thanks to Daeryun's criminal law attorney an actual custodial sentence could be avoided.

If You Are Involved in a Voice Phishing Case

The above is a case in which a client who faced the risk of an actual term of imprisonment on a charge of being a voice phishing cash collector obtained a suspended sentence through the prompt and strategic assistance of a criminal attorney.

Even mere participation in a voice phishing crime can lead to serious criminal punishment, and it is difficult to avoid responsibility through claims alone such as ‘I did not know’ or ‘I only followed instructions.’

It is therefore very important to receive the help of a specialized criminal attorney from the initial response.

Daeryun Law Firm has numerous attorneys who have handled voice phishing-related cases, so prompt assistance is possible from the early stage of a case.

In addition, through prior experience with experts in an environment similar to the actual procedure, thorough preparation is made so that clients do not make unfavorable statements during the investigation and trial process.

If you are facing a voice phishing police investigation or are already under investigation, please request assistance at any time through Daeryun Law Firm's 🔗legal consultation reservation.

보이스피싱경찰조사

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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