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Voice Phishing Punishment – What Charges Apply?

In voice phishing cases, multiple offenses are often implicated simultaneously.
 

The following charges are commonly applied:
 

• Fraud under the Criminal Act

• Aiding and abetting fraud

• Violation of the Electronic Financial Transactions Act (transfer or lending of access media)

• Violation of the Act on Regulation and Punishment of Concealment of Criminal Proceeds

▷ Article 347 of the Criminal Act – Fraud

If a person deceives another and obtains property or financial benefits:

→ Punishable by up to 20 years’ imprisonment or a fine of up to KRW 50 million.

▷ Article 49 of the Electronic Financial Transactions Act

If a person transfers, acquires, or lends access media such as bank accounts, check cards, or OTP devices:

→ Punishable by up to 5 years’ imprisonment or a fine of up to KRW 30 million.

▷ Organized Crime or Co-Principal Liability

If a voice phishing organization qualifies as a criminal organization under the Criminal Act, the offense of organizing or participating in a criminal organization (Article 114 of the Criminal Act) may be established separately.
 

If recognized as a co-principal in fraud, the defendant may be held responsible for the entire amount obtained through the scheme, significantly increasing sentencing severity.
 

Why Even Minor Participants Receive Prison Sentences

Claiming “I did not personally deceive the victim” is not sufficient.
 

Courts comprehensively consider factors such as:
 

• Awareness of the overall criminal structure

• Expectation of unusually high compensation

• Repeated participation

• Total damage amount

• Whether restitution was made

For example:
 

✔ Repeatedly delivering cash as a courier

✔ Systematically following instructions through Telegram or similar platforms

✔ Receiving high compensation

If these circumstances are recognized, courts have imposed actual prison sentences even on first-time offenders.
 

Voice phishing punishment is not easily mitigated simply by arguing that one’s role was limited.
 

Where Do Sentence Reduction or Acquittal Possibilities Arise?

Not all cases are evaluated identically.
 

In many instances, the investigative “frame” established at the early stage remains throughout the proceedings. Therefore, initial response in voice phishing cases is critical and often decisive.
 

For individuals worried about such charges, a strategy that accurately analyzes the structure of the case is essential.
 

At the same time, voice phishing is a serious offense that should never be taken lightly. Delayed response may result in arrest and a custodial sentence.
 

How Decent Law Firm Assists

Voice phishing cases are not resolved merely by submitting a letter of remorse. Decent Law Firm provides structured legal assistance, including:
 

• Analysis of the participation structure

• Challenging the existence of conspiracy or co-principal liability

• Reviewing the applicability of aiding and abetting

• Designing restitution strategies

• Preparing and structuring statements during investigation

Our criminal defense team reconstructs the co-offender framework based on case records and legally clarifies the scope of the suspect’s awareness.
 

We also systematically design sentencing factors to maximize the possibility of avoiding detention and securing a suspended sentence where appropriate.
 

Voice phishing punishment does not automatically result in imprisonment. However, if the initial 대응 is mishandled, it may lead to irreversible consequences.
 

If you are currently under investigation, review your strategy before the sentencing level becomes fixed.