Prosecutors Seize Over 130 Million Won in Voice Phishing Crime Proceeds

The prosecution confiscated approximately 130 million won in voice phishing crime proceeds that were about to be returned to the criminals and attributed it to the national treasury.

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On the 3rd, the Government Joint Investigation Team on Voice Phishing Crimes (Joint Investigation Team) announced that on the 30th of last month, although the cash held by voice phishing organization members had not been specifically identified as proceeds from any particular fraud case, they secured a court order for confiscation.

According to Supreme Court precedents, under the Corrupt Property Confiscation Act, the criminal facts that serve as grounds for confiscation and seizure of criminally obtained property are limited to the charged criminal facts. Even if voice phishing organization members are arrested and cash is seized, if the specific fraud case from which the money originated cannot be identified, the cash cannot be confiscated and must be returned to the defendant.

According to the prosecution, in November 2021, Mr. A (35) and Mr. B (39) were indicted on fraud charges and 136.3 million won in cash was seized. In June of last year, in the appellate court, Mr. A and Mr. B were sentenced to four years and two years and six months in prison respectively, along with confiscation of the cash, but the Supreme Court overturned and remanded the case on the grounds that the confiscation of cash was unlawful.

However, the Joint Investigation Team applied the legal theory of criminal organization activity to the case that was overturned and remanded. According to the crime of criminal organization activity, even if the criminal proceeds correspond to property obtained from victims of fraud, confiscation and seizure are possible. Accordingly, on January 11, the prosecution filed additional charges for joining and participating in a criminal organization and violating the Act on the Regulation of Concealment of Criminal Proceeds, and requested confiscation of the seized cash.

On the 22nd of last month, the court additionally sentenced Mr. A and Mr. B to two years and one year and six months in prison respectively, and ordered confiscation of 136.3 million won in cash. The seized cash was attributed to the national treasury.

A prosecution official stated, "Since its launch in July last year, the Joint Investigation Team has devoted itself to thoroughly eradicating voice phishing criminal organizations for about eight months. We will do our best not only in investigations but also in thoroughly confiscating criminal proceeds obtained through crimes and restoring damages to protect the property of the public safely."

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