[Public Defender Report] Ji-hye's Escape from the 'Voice Phishing Cash Collector' Accusation Record

Ji-hye Victimized by a Romance Scam
Tricked by a 'Boyfriend' into Crime
"'Deceived,' Therefore No Intent"
Court-Appointed Defense Strategy Succeeds, Acquittal

Editor's NoteFour out of ten defendants in criminal cases receive help from court-appointed (gukseon) lawyers. Court-appointed defense is a system designed to guarantee the constitutional right to counsel for suspects and defendants who find it difficult to hire a lawyer due to economic reasons. As such, 'court-appointed defense stories' often reflect the blind spots and wounds of our society. Asia Economy's second report features the case of Ms. Ji-hye (a pseudonym) and lawyer Lee Hye-jin.

The scene depicts Ji-hye on May 28, 2024, the day she attended a citizen participation trial. Ji-hye said that every night after that day, she dreamed of the courtroom until she was acquitted in the appeal trial.

"Shall we speak casually?" On June 17, 2022, an unknown man contacted Kim Ji-hye (24, pseudonym) via messenger. It was about a year after Ji-hye had left the orphanage. Having lived in an orphanage since she was two years old, with few social interactions and an intellectual disability, Ji-hye frequently shared her daily life and exchanged greetings with the man. The man suggested, "Let's consider today as day one," and Ji-hye became 'in a relationship' with a man she had never met in person through messenger.

About two weeks later, the man asked Ji-hye to quit her job at a food factory and help him by collecting money at his company. To assist the 'man from SNS,' Ji-hye delivered a total of 320 million won in cash across six locations?Gimpo in Gyeonggi Province, and Mapo, Jungnang, Eunpyeong, Dongdaemun, and Dobong districts in Seoul?between July and August 2022.

This became a problem. In fact, the man was the mastermind of a voice phishing operation residing overseas. The people to whom Ji-hye delivered the cash were victims deceived by phone calls urging them to 'cooperate with the investigation' or 'take out refinancing loans.' Without understanding the situation, Ji-hye was implicated as a member of the voice phishing criminal group and faced trial in May 2024. The Uijeongbu District Court assigned court-appointed lawyers Lee Hye-jin and Go So-hyun to her case.

Lawyer Lee Hye-jin focused on the organizational structure of the voice phishing crime in Ji-hye's case. Rather than emphasizing Ji-hye's intellectual disability, she concentrated on proving that Ji-hye was exploited within the large-scale organized crime of voice phishing. Since voice phishing cases often result in harsh sentences even for minor involvement, there was a risk that Ji-hye could be unfairly punished. Therefore, the strategy was to persuade the jurors. The citizen participation trial began.

Uijeongbu District Court public defenders Hyejin Lee and Sohyun Go.

The voice phishing criminal organization consists of a 'mastermind' who oversees the entire operation, a 'manager' who trains members, a 'lure' who deceives victims over the phone, and a 'cash collector' who receives the money. While it may seem that all members conspire together, many masterminds deceive job seekers or socially vulnerable individuals to use them as cash collectors. Due to crackdowns on fake bank accounts, cash is often collected face-to-face rather than through bank transfers. In such cases, the mastermind must recruit the cash collector, who is easily exposed to investigations, to complete the crime.

Lawyer Lee said, "Ji-hye's case involved being deceived by the mastermind, combined with a romance scam." The defendants she most frequently encountered as a court-appointed lawyer were cash collectors in voice phishing cases. Most defendants were socially vulnerable people who became involved in voice phishing crimes while looking for short-term jobs. In court, she focused on two key points: ① Ji-hye did not even have 'dolus eventualis' (conditional intent). ② Voice phishing is a crime that requires deceiving not only the 'victims' but also the 'cash collectors.' In other words, Ji-hye was deceived.

Ji-hye's movements became key evidence in the trial. On the day she was supposed to collect cash, she took the subway using a transportation card registered in her name and called a taxi using an app on her own phone. She even gave her real name to the victims. She was paid 200,000 won per day. Having quit a job that paid 3 million won monthly, she was struggling financially. She even sent a message to the mastermind saying, "If you make me do voice phishing, I will go straight to the police."

The statement Ji-hye made during her final argument.

Based on this, the lawyer argued, "Considering that she was completely unaware of the crime and exposed her movements and identity, there was no possibility of recognizing or consenting to the voice phishing, nor any conditional intent." She also mentioned that Ji-hye communicated daily with the mastermind via messenger, perceived him as a romantic partner, and was psychologically dominated. Additionally, Ji-hye's intellectual disability was noted. The lawyer explained that Ji-hye deeply regretted causing harm to victims due to her wrong choices.

Lawyer Lee also questioned how much effort investigative agencies were making to extradite the mastermind, the 'top' of the voice phishing crime. She stated in court, "If only low-level couriers are caught and given heavy sentences to increase the arrest rate, voice phishing will not be eradicated."

Ultimately, the jury verdict was five not guilty and two guilty. The court accepted this and acquitted Ji-hye. The second trial held on September 27 last year, following a prosecution appeal, also resulted in acquittal. Lawyer Lee said, "Court-appointed lawyers work without financial compensation from defendants, so the relationship is purely a 'professional calling.' I felt heartbroken that Ji-hye, who had no adults to rely on, became involved in a crime. It was very rewarding to see her regain her daily life."