Court: "Likely Aware of Illegal Act"...Voice Phishing Remittance Agent Acquitted in First Trial, Sentenced in Second Trial
The court overturned the original verdict that acquitted a woman in her 40s who acted as a cash courier for a voice phishing organization member and sentenced her to imprisonment in the appellate trial.
On the 26th, the Daegu District Court 3-3 Criminal Division (Presiding Judge Lee Eun-jeong) overturned the original verdict that acquitted A (45), who was charged with aiding fraud, and sentenced her to 1 year and 6 months in prison with a 3-year probation.
A received a contact in June 2021 from a voice phishing organization member instructing her that if she received and delivered cash, she would be paid a daily wage of 150,000 to 350,000 KRW, and she participated in the crime.
On the 23rd of the same month, A was charged with receiving 10 million KRW from a voice phishing victim in Gyeongju and making seven transfers totaling 112 million KRW by depositing the money into multiple people’s accounts without a bankbook.
The first trial judged that A participated in the crime without fully understanding that she was involved in a criminal act, but the second trial’s judgment was different. The appellate court held that even if A did not know the specific details of the voice phishing crime, she could have at least implicitly recognized that the money she transferred was the victims’ money.
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The court stated, “It is reasonable to view that the defendant committed the crime to receive the daily wage despite implicitly recognizing the possibility that her actions were involved in illegal activities,” and added, “Considering that this is her first offense, that she reached settlements with some victims, and that the direct benefits obtained from the crime were not significant,” explaining the sentencing reasons.
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