[Seocho-dong Legal Talk] Voice Phishing Collector "Even Judges and Prosecutors Can Be Deceived: 'Employment Fraud' Not Guilty"

[Asia Economy Reporter Kim Daehyun] "After hearing that the instructions were given by a person called 'Team Leader Gwak,' even I thought I would have been deceived. Prosecutors and judges are also very likely to be deceived in such situations because the other party deceived them perfectly." (Defense attorney)

On the 18th, in a courtroom on the 5th floor of the Seoul Central District Court in Seocho-gu, Seoul, the defense attorney made this closing argument regarding Ms. A (47, female), who was indicted on charges including fraud. Ms. A is accused of acting as a cash collector for a voice phishing organization for a week starting August 21 last year, receiving several tens of millions of won from each of eight victims and delivering the money to the organization.

The prosecution alleges that when an organization member sent forged documents, Ms. A printed them out and pretended to be an employee of the Financial Supervisory Service or a bank, met with the victims, and sent the received money to the organization. The voice phishing organization approached victims using the bait of "low-interest loans" and then committed fraud by saying, "Since having an existing loan while taking another loan violates the terms, we will send an employee to have you fully repay the existing loan."

However, the defense argued that Ms. A was also a victim of 'employment fraud' by the voice phishing crime and pleaded not guilty. She thought she was employed by the company she saw in a job advertisement in a newspaper and believed the tasks she was instructed to perform were part of normal debt collection work. The defense emphasized, "The methods of voice phishing crimes are so cunning and meticulous that listeners have no choice but to believe them," adding, "Even people with social status and knowledge are often completely deceived, becoming cash collectors or withdrawal agents, then investigated and tried."

Furthermore, the defense stated, "Considering that the defendant even recommended this job to an acquaintance, drove her own car when meeting victims, and took off her mask there, it cannot be seen that she was aware of the crime," adding, "There is no fact of intentional or even negligent conspiracy. According to the purpose of the Criminal Procedure Act, when in doubt, it is right to judge in favor of the defendant."

Ms. A also made a final statement, saying, "I regret not being thorough when looking for a job. I feel a moral responsibility to the victims," but also claimed, "Although I cannot say this openly anywhere, I am blaming myself as a victim of employment fraud as well."

On the other hand, the prosecutor maintains that Ms. A conspired with the organization members and had at least indirect intent. The prosecutor requested the court to sentence her to five years in prison, considering that the defendant denies the amount of damage and the crime.

Presiding Judge Kang Hyuksung of the Criminal Division 7 at the Seoul Central District Court concluded the approximately eight-month-long trial proceedings and set the sentencing date for December 9.