1. Overview

The client found an online advertisement for a part-time job with debt collection. The client started this job along with the guidance and the instructions given by the recruiter. The client's role was to meet debtors, receive the money and deposit it into the company account. However, this was actually a type of voice phishing crime (Phone scam), and the client was unfairly misunderstood as having participated in the voice phishing crime without even knowing it. As a result, the client who was put on trial, visited Law-Win Busan branch seeking for legal assistance.

2. Applicable Law

Criminal Act, article 347 (Fraud)

A person who defrauds another, thereby taking property or obtaining pecuniary adbantage from another, shall be punished by imprisonment for not more than ten years or by a fine not exceeding 20 million won.

 

3. Assistance of Counsel

Law-Win lawyers in Busan branch had adequate experience handling economic crime. With a strong trust, the client asked for legal representation.  

Attorneys in Busan office obtained an overview of the entire case through in-depth consultation with the client, and quickly copied the evidence and began a detailed review. The trial process was expected to be difficult based on the amount of damage and statements made by the client's investigation agency. Attorneys submitted an attorney opinion letter and summary of argument to the court, and during the trial, they strongly argued for the injustice of the client through the examination process and the pleading process.

4. Outcome

In the end, the court judged that the prosecution's proof was not clearly done. Therefore, the judge accepted the defense counsel and pronounced the client 'not guilty'.

5. Significance of the Outcome

Voice phishing crimes often have harsh consequences for those who are convicted, especially with a very high probability of serving a prison sentence. If you do not actively respond to this, you may be arrested in advance in the course of the investigation or may be arrested in court at trial. In this case, the client's situation and the state at the time of the incident were described in detail, and a fierce battle was fought in court. In the end, the client was acquitted and was able to resolve his injustice to some extent.

Attorney Bae, Kyong-min, Kim, Jeong-hun, Park, Su-jin and Woo, Ji-won