Can I file a fraud civil lawsuit?

Hello. This is the civil law specialist attorney at Daeryun Law Firm.

If you have suffered voice phishing damage, you can attempt to recover the damage amount through a fraud civil lawsuit separately from criminal procedures.

If the defendant in the criminal trial was simply a cash collector or acted under the instructions of a higher organization, the court may make a dismissal decision at the compensation order stage on the grounds that they did not directly acquire illegal profits.

However, in a fraud civil lawsuit, you can prove conspiracy in illegal acts, accomplice liability, and causation in damage occurrence more broadly, so you can claim damages separately from criminal results.

That is, if the perpetrator actually played a certain role in the criminal process, you can hold them civilly liable for damages for fraud as a "voice phishing crime accomplice" or "joint principal of illegal acts."

At this time, the victim's account transfer details, call records, payment suspension processing records of financial institutions, and the suspect's statement records secured by the investigative agency serve as important evidence.

Also, due to the nature of voice phishing cases, damages claims based on illegal acts are possible not only against individual cash collectors but also against the chief or account name holder (borrowed name account provider) at the upper level of the fund delivery structure.

In civil lawsuits, the entire damage amount is claimed, but realistically, there are many cases where the perpetrator has no property or the criminal proceeds are already unrecoverable.

Therefore, it is important to check the realistic recovery possibility in advance by combining provisional attachment or property inquiry application.

Filing a fraud civil lawsuit itself is sufficiently possible, and damage recovery can be sought through legal channels separate from criminal procedures.

However, due to the structural nature of voice phishing crimes, the process of identifying defendants and proving causation is not easy, so it is essential to establish legal strategy and evidence collection direction under the assistance of an attorney with rich experience in civil litigation.

The faster you respond, the higher the possibility of voice phishing damage recovery.

It is desirable to design civil response procedures by comprehensively reviewing the currently secured investigation records, the reasons for the dismissal of the compensation order, and the perpetrator's assets.