📝<Basic tactics> to lessen the consequences of foreign 🪝voice phishing
👋Hello from Majung Law Firm Foreigner Center,
📈The number of violent crimes involving foreign nationals, such as drug usage and voice phishing, is rising every day. In particular, police arrests for allegedly using voice phishing delivery techniques occur often. When searching for "highly profitable part-time jobs," foreigners who are trying to make ends meet in Korea sometimes unintentionally fall victim to voice phishing scams. Nonetheless, one cannot evade penalty under criminal law, even if it is not intentional. Furthermore, a more comprehensive reaction is required since foreigners need to take into account both the possibility of forced deportation and the criminal penalty.
📆 Today we will discuss many foreign voice phishing situations that have been reported to the Majung Foreigner Center. The Majung Foreigner Center, which focuses on criminal matters for foreigners, should be contacted if you wish to lessen the penalty for voice phishing. Based on our know-how from managing around 5,800 instances, we will offer the best solution.
➡Seek legal counsel from the Majung Foreigner Center, which specializes in foreigners, to reduce penalties for foreign voice phishing.
✔️ Certified criminal defense attorneys from the Korean Bar Association
✔️ Certified immigration, refugee, and visa attorney from the Korean Bar Association
✔️ Criminal experts from the Immigration Office and knowledgeable foreign specialists
✔️ Possesses core know-how for handling approximately 5,800 cases
✔️ Has simultaneous interpreting specialists who speak Bengali, Chinese, and English.
(1) Various cases of foreign voice phishing
📝Case #1
"It came out that my spouse, a Chinese national on an F4 visa, was employed as a voice phishing cash carrier while he was employed by a courier delivery company. The police have taken him into custody, and an arrest warrant is being sought. Even if he participated without knowing, would he still be punished?"
📝Case #2
"I'm Chinese and was temporary part-time basis. I am having a hard time juggling two jobs after marrying my Korean wife. I was sued for fraud because I eventually engaged in voice phishing. My wife needs me by her side because she is about to give birth soon. Can I be declared innocent as this is a very unfair situation for me?"
📝Case #2
"My Brazilian girlfriend was arrested by the police on charges of transporting voice phishing schemes. She attended a Korean university. After accepting an offer from an employer she interviewed for a part-time job, and she began working there, but it turned out to be a crime. She was arrested last week and was detained. It appears that at some point next week, she will be sent to the foreigner detention center. As a foreigner she barely speaks Korean. Can you assist her in preparing a criminal defense?"
🏦At the Majung Foreigner Center, which focuses on foreigners and has the know-how to handle a range of unfair issues of around 5,800 cases, we will offer you the best possible solution.
(2) Level of punishment for foreign voice phishing
🪝 Voice phishing is classified by the criminal code as "fraud," as it is a malevolent conduct that deceives someone and demands money. Thus, "imprisonment for up to 10 years or a fine of up to 20 million won" is the same punishment for the crime of fraud as stated in [Article 347 of the Criminal Act].
🪝Voice phishing sentence (Article 347 of the Criminal Act)
Anyone who deceives the victim and extorts funds will be punished with up to 20 million won or imprisonment for at least 10 years.
📝 Moreover, voice phishing is a felony that has a significant risk of severe punishment and is punishable by several different counts, including fraud, aiding fraud, and violating the Personal Information Protection Act. Since the charges imposed frequently change based on the circumstances of the case, it's critical to develop a plan to get the "maximum possible sentence" in close coordination with an attorney.
☑️Preparing for criminal punishment is not the only thing that ends.
If a foreigner commits a crime within the country, there is a very high possibility that he or she will be charged with violating the Immigration Control Act and be subject to a ‘compulsory departure order.’ Therefore, a strategy is needed to simultaneously prepare for criminal disposition and criminal review from the beginning of the case. General criminal attorneys will inevitably fall short when it comes to immigration. We recommend that you choose an attorney who focuses on immigration and foreign criminals and who is capable of managing both "criminal cases" and "immigration issues" concurrently from the outset.
(3) <Innocent disposition case> handled by MAJUNG
🚩 Case detail
➡A Chinese foreign student who was employed part-time and fell victim to a voice phishing scam contacted MAJUNG for assistance. The compelled departure order was to be granted because the client had already finished the police inquiry and been forwarded to the prosecution. He was frantic to defend himself against the departure order since he needed to finish his studies at a Korean institution and obtain a certificate, so he asked for our legal aid.
🚩 Majung's solution methods
➡Proving the unfairness was crucial because the customer was participating in the fund transfer scheme 'without any purpose'. Majung developed the following defense plan as a result of learning about the client's unique situation.
(1) The customer is a long-term resident who has led an impeccable life in Korea for a considerable amount of time.
(2) The client has no prior criminal history and is a first-time offender with a very low likelihood of reoffending.
(3) There was no intention for the occurrence because the client was a college student who was fresh to society and had no knowledge of crime.
(4) The customer is thinking back on the occurrence, fully knowing that it happened because of ignorance on their part.
⚠️The most crucial thing to do if you are suspected of foreigner voice phishing is to admit that you didn't realize it was illegal what you were doing. To substantiate this, you must obtain concrete information from the employer, such as the employment interview and work process, the pay deposit mechanism, and the call specifics. We advise that you seek the help of an expert from the outset of the case, as this is an area that needs the knowledge of a legal representative with a legal viewpoint.
🚩The Case Outcome
➡️The prosecution ultimately found the client not guilty, mostly because of Majung's intelligent strategy. Additionally, because the client failed to submit an appeal within the allotted time, the matter was resolved and the client was spared an order of forced deportation.
(4) <Basic tactics> to lessen the consequences of foreign voice phishing
🪝 Voice phishing, whether committed by a foreigner or a domestic, is a violent crime with harsh penalties. It is so challenging to escape penalty under criminal law, even in cases when it is an unjust situation of being duped by an employer and exploited as a means of conveyance. Developing a "strategy to receive the maximum possible sentence" is crucial at this point. The suspect's involvement in the crime, intentionality, reflection, and whether or not there was an agreement with the victim must all be carefully considered to persuade the court.
📝 Instances of foreign students being exploited as delivery, withdrawal, and voice phishing couriers have been reported more frequently recently. For financial reasons, the majority of them begin working part-time jobs and eventually 'unknowingly' get involved in criminal activities. It is difficult to escape penalties under the criminal code, even if you are wrongly implicated. On the other hand, one may be found "not guilty" in situations like the one in which MAJUNG was conducted, if objective evidence makes it evident that no intention existed. But in this instance, a nuanced strategy grounded in a legal viewpoint is required, thus we highly advise that you consult with a lawyer who has expertise in the relevant legislation.
✔When dealing with criminal matters involving foreign nationals, you have to simultaneously respond' to immigration actions in addition to criminal penalties. General criminal attorneys are obviously not qualified to handle immigration cases, thus the only way to get ready for a forced departure is to seek the advice of an attorney who focuses on foreign immigration.
🏦 The Majung Foreigner Center works in tandem with the immigration office Criminal experts, seasoned defense attorneys, and criminal attorneys accredited by the Korean Bar Association to aggressively represent foreign voice phishing defendants. The "optimal legal solution" to lessen criminal penalties and protect against forced departure is the focus of one expert in criminal law and one in immigration. We are a "true law firm specializing in foreigners" that offers simultaneous translation services in Bengali, Bengali, and Chinese.
🤝 Visit MAJUNG and tell us simply your issue. We extend a warm welcome to you from our team of knowledgeable international attorneys.
----------------------------------------------------------------
MAJUNG Law Firm is a professional law firm located in South Korea, providing legal services to foreign residents in various types of legal cases — ranging from immigration issues, criminal defense, labor disputes, international divorce, damage compensation, and many more.
📣 English, Chinese, Thai, and Bengali interpreters are ready to assist you throughout every process.
< Contact us >
📞 Call us at 070-5067-2322 / Whatsapp: 010-2663-1158
📲 Kakaotalk : http://pf.kakao.com/_xfxlWxib/chat
📩 Email. foreigner@majunglaw.kr
The consultation is available at the MAJUNG Foreigner Center's headquarters in Gwanghwamun, Seoul, as well as at the branch offices in Daegu, Daejeon, Busan, and Gwangju.
