
Legal Q&A
Q
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I am someone who has never committed a crime in my entire life. After returning from a working holiday, I had spent all of my living expenses and was in a situation where I urgently needed money. Because I had to pay medical bills and rent and urgently needed money, I saw an online advertisement and lent out my bankbook. I did not know it would be used for a crime, but I am now at risk of being punished on voice phishing charges.. (in tears) I also need to get a job, so I am very worried about having a criminal record.
Voice phishing
Answer
Published:
Author : DongIl PARK
Hello. This is Daeryun Law LLC.
If the amount of criminal gain is not large or if dolus eventualis (conditional intent) is denied, a decision of no charge is possible, but there is an offense for which it is difficult to avoid punishment because clear intent is present, namely a violation of the Electronic Financial Transactions Act arising from lending a bankbook for voice phishing.
If you become involved in a case on voice phishing charges, you may be punished not only for a violation of the Electronic Financial Transactions Act but also as an accomplice to fraud.
If the crime of violating the Electronic Financial Transactions Act applies, imprisonment for up to 5 years or a fine of up to 30 million won may be imposed, or if the crime of fraud applies as an accomplice, imprisonment for up to 10 years or a fine of up to 20 million won may be imposed, so the level of punishment can become very high, and because the possibility of a custodial sentence being imposed is very high, it is important to consult with an attorney before the investigation.
If you acknowledge the lending of the bankbook but were also deceived by the criminal organization, it is advisable to respond so as to obtain a suspension of indictment by logically explaining, with the assistance of an attorney, the circumstances at the time in which you could not have known that it would be used for a voice phishing crime.
Lending a bankbook for voice phishing is regarded as a case in which clear intent has been confirmed, and punishment is not limited to the mere fact of lending a financial medium; the charge can be greatly aggravated by becoming entangled with aiding and abetting fraud, so you must respond with the assistance of defense counsel.
If you merely lent your bankbook and are afraid of being punished on voice phishing charges, we recommend that you seek the assistance of a fraud attorney.

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DongIl PARK
T. 070-5221-3616
Attorney Qualified as a Foreign Legal Consultant in Singapore · International Litigation/School Violence/Evidence Investigation Law Attorney

JungKyu Park
T. 070-7510-2014
Experience as Head of the Chungju Branch of the Cheongju District Court (Criminal Panel) · Construction/Drunk-Driving Traffic/Civil/Medical Law Attorney

YoungHeum KIM
T. 070-5221-2387
Experience as a division chief prosecutor [corporate litigation] at the Seoul Western District Prosecutors' Office · Attorney specializing in criminal law, sex crimes, and military criminal law
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