Attorney Shim Jae-guk: “What is the level of punishment for voice phishing part-time jobs and when the damage is remitted through an ATM?”

It can be said that most voice phishing suspects are job seekers, including the young and middle-aged. You need to be careful because on internet job search sites, there are advertisements posted by voice phishing organizations for high-paying part-time jobs paying hundreds of thousands of won per day.

Criminal organizations approach job seekers who are lured by low-intensity but high-per-day jobs, such as debt collection, real estate agencies, errands, couriers, and office assistants, and then instruct them to participate in crimes by using cash as a collection method to receive money directly from victims, handing over accounts to unidentified people, and withdrawing and transferring money from bank automated machines.

There are also cases where personal information is obtained and used for crimes, such as by asking job seekers for credit cards or bank accounts. If you commit a ‘face-to-face extortion’ crime by impersonating a financial institution and meeting the victim in person to receive cash, you can be punished for fraud or aiding and abetting fraud. If you hand over your bankbook or card, you will be punished for violating the Electronic Financial Transactions Act.

Currently, banks, together with the Supreme Prosecutors' Office, display advance warnings about voice phishing when making ATM transfers, and limit non-media deposit transactions to 1 million won per person per day to prevent crime. To make a deposit using a bank ATM machine, you must directly enter your name, resident registration number, and mobile phone number. You should be aware that if you make a ‘split transfer’ of 1 million won to a designated account using a bank ATM machine, you may be prosecuted not only for fraud but also for obstruction of business and violation of the Resident Registration Act.

If a person is found guilty of fraud, he or she may be punished by imprisonment for up to 10 years or by a fine of up to 20 million won. If he or she is found to be guilty of fraud, he or she can be punished by imprisonment of up to 5 years or by a fine of up to 10 million won. Violation of the Electronic Financial Transactions Act is punishable by imprisonment of up to 5 years or a fine of up to 30 million won. Obstruction of business is punishable by imprisonment for up to 5 years or a fine of up to 15 million won. If you illegally use another person's resident registration number, you may be subject to imprisonment for up to 3 years or a fine of up to 30 million won.

Recently, prosecutors are indicting additional charges of obstruction of business by considering the act of making non-media deposits using automated devices as interfering with banking operations. There are also cases that have resulted in convictions in similar cases. However, according to the legal community, the Supreme Court ruled that the crime of ‘obstruction of business by hierarchy’ cannot be applied to fraudsters who transferred cash using other people’s personal information.

This is a question of whether obstruction of business is established due to hierarchy. The crime of obstruction of business is a provision that punishes a person who interferes with a person's work by means or force. Although there must be a misconception or misconception about the work of the other party to constitute a hierarchy, the Supreme Court appears to have ruled that there is no reason to regard the use of an ATM machine as involving the work of a bank employee.

Once you have received and followed the instructions of a voice phishing organization, it may be difficult to avoid punishment. In a voice phishing case where various legal principles can be applied, caution must be exercised because if even the slightest suspicion is found in the circumstances, the intentional omission will be recognized and lead to criminal punishment.

If you are wrongfully accused, you will need to thoroughly establish from a legal perspective that it was not intentional. If you have fallen victim to a voice phishing scheme and are in trouble, you may need to seek help from a criminal lawyer.

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