Probation of execution for cash collection scheme that took 200 million won?... Punishment is mild for voice phishing rampant

Telephone financial fraud (voice phishing) techniques are evolving from bank transfer methods to receiving cash directly, but the level of punishment is actually lowering. The so-called 'cash collectors' who come to collect cash in person are key participants in voice phishing, but the number of them being sentenced to probation or acquitted is increasing.

According to the legal community on the 26th, Mr. A (43), who participated in voice phishing as a cash collection scheme and caused more than 200 million won in damage to a total of 11 people, was sentenced to probation last February. Defendant A was looking for a part-time job through a recruitment site at the end of November last year, received an offer from a voice phishing gang member, and took on the role of a cash collector. Mr. A met the victim, pretended to be an employee of a financial institution, and deceived the victim again and received the cash. Then, by transferring cash to a designated account, a total of 217.5 million won in cash was received 16 times from a total of 11 victims in December last year alone. This amounts to an average of 20 million won in damage per victim.

Mr. A was found guilty of fraud as an accomplice in voice phishing, but the punishment sentenced to him was only 120 hours of community service and a fine of 4 million won. The reason for sentencing was, "Although he suspected voice phishing and accepted it, it is difficult to say that he wanted to participate in the crime or accepted it emotionally."

A court official explained the reason for the sentencing, saying, "There are many cases where cash collectors intentionally participate in crimes without completing their instructions, and the public is not aware that this is also an accomplice to voice phishing crimes. Therefore, even if the punishment is severe, it is difficult to expect the effect of preventing lower-level gang members from entering into voice phishing crimes."

This trend is also evident in recent Supreme Court cases. Last June, the 1st Division of the Supreme Court (Chief Justice Park Jeong-hwa) confirmed the innocence of Mr. B (40), who was deceived by a job advertisement and served as a cash collector for a voice phishing crime. The first trial sentenced Mr. B to one year in prison, concluding that he had ‘unintentional intent’ to commit fraud.

On the other hand, the second trial overturned the first trial ruling and declared him not guilty. This is because it is difficult to say that it has been proven beyond a reasonable doubt that he recognized that his actions were related to voice phishing.

Attorney Myeong Hyeon-jun of Daeryun Law Firm explained, “The people in charge of voice phishing and those responsible for managing them mostly live overseas, making arrests difficult. In the past, cash collectors were easily recognized as accomplices to the crime of fraud and in most cases were sentenced to prison similar to the actual crime. However, recently, as there has been discussion about whether it is the right decision in terms of criminal policy to easily recognize the intent of aiding and abetting, the level of punishment has been somewhat lowered.”

View article text - https://n.news.naver.com/article/009/0004869992