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What exactly is the crime of fraud, and if the charge is established, what should I do to receive a reduction of sentence?

I have become involved in a fraud case, but I am also a victim. However, I do not understand why the crime of fraud is being established against me. While looking for a job on a job search site, I was told it was simply work moving goods to designated locations, so I worked hard, but I ended up being investigated by the police for fraud as a cash collector in a voice phishing operation. But I did this without knowing, so can this constitute the crime of fraud? And what should I do in order to receive mitigation?

what is the crime of fraud

Answer

Published: 2026-02-20

Author : DongIl PARK

The crime of fraud refers to a crime of deceiving another person to obtain a financial benefit or to cause loss to another.

Even if you thought it was simply work moving goods, as you did, if you were in fact involved in the process of obtaining criminal proceeds, such as voice phishing, the crime of fraud may be established.

If the crime of fraud is established, Article 347 of the Criminal Act applies, and the statutory penalty of imprisonment for up to 20 years or a fine of up to 50 million won is imposed. (Amended on December 23, 2025)

However, if the act involved willful negligence or the degree of deception was slight, the risk of loss was not significant, and there are grounds for mitigation, such as passive participation, voluntary surrender, or efforts to recover the victim's loss, the sentence may be mitigated.

Therefore, if you organize well the facts that you were unintentionally involved, that you were also a victim, and that you made voluntary efforts to recover the loss, this can work favorably toward a reduction of sentence.

If you would like to know more about what the crime of fraud is, what the sentencing factors are, and matters related to actual cases, such as the application to a specific case or the outlook for the sentence, you may wish to consult with a criminal attorney.