

Q
Have I fallen victim to cyber financial crime??
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Hello, I was abroad for a long time and recently returned to Korea to open a manufacturing factory. I heard that compliance with the Enforcement Decree of the Serious Accidents Punishment Act is more important than anything. Specifically, what safety obligations are there? If an accident occurs, what level of responsibility does the business owner bear? Also, my business has fewer than 50 employees... does the Enforcement Decree of the Serious Accidents Punishment Act still apply?
cyber financial crime
financial crime
finance
Answer to Related Inquiry
Author: 김국일
I will respond regarding cyber financial crime.
First, the act of lending one's account to another person is itself illegal.
In particular, if the account is used in crimes such as voice phishing, the account holder may also be placed under investigation as an accomplice or accessory.
In practice, investigative agencies will closely examine whether the account holder participated in the crime and whether they shared in the criminal proceeds.
Even if you claim, like the questioner, that you simply lent your account to a friend without knowing it would be misused for voice phishing crimes, investigative agencies will thoroughly examine the circumstances of lending the account, the relationship with the friend, whether there was consideration, and whether you were aware of the deposit and withdrawal records.
Therefore, it is difficult to escape criminal responsibility merely by claiming ignorance, and it is important to actively prepare materials to prove your innocence.
I recommend that you receive help from a specialized attorney with experience in cyber financial crime to secure in advance materials such as a written confirmation of the circumstances of lending the account, text and KakaoTalk content with the friend, and explanatory materials on transaction history, and to establish a strategy for responding to police investigation.
Daeryun Law Firm conducts evidence collection, mock investigation simulations to prepare for police investigations, and so on, working to protect clients' interests.

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