Foreign Defendant in Voice Phishing Case — Suspended Sentence Achieved

Client Information

Individual / Foreign Defendant
 

Case Details

A, a foreign national who entered Korea for tourism, began exchanging Tether (USDT) after being approached by an acquaintance through Telegram. Unbeknownst to A, the role was actually part of a voice phishing scheme, functioning as a “cash drop” responsible for receiving and exchanging stolen funds.

A was charged under the Act on Financial Fraud Prevention and Refund for Telecommunication-based Financial Fraud (전기통신금융사기피해방지 및 피해금환급에 관한 특별법) for participating in the exchange of several million KRW obtained from victims.

Although A consistently maintained that they did not understand the criminal nature of the activity, prosecutors asserted that A had conspired with the organization and possessed intent to defraud, ultimately seeking a custodial sentence.

Clarifying the Absence of Criminal Intent

Decent Law Firm demonstrated that A entered Korea solely for tourism and had stable employment in their home country, indicating no motive to participate in organized financial fraud.
Mobile forensic analysis and consistent statements since arrest further confirmed that A had not received any instructions related to fraudulent activity.

Highlighting the Foreign National’s Special Circumstances

We emphasized A’s lack of understanding of Korea’s highly sophisticated voice phishing schemes.
Decent also explained typical peer-to-peer currency exchange practices in A’s home country and clarified that the small compensation A received was not perceived as “criminal proceeds.”

Refuting Conspiracy and Presenting Mitigating Factors

Decent identified a complete absence of pre-arranged plans or prior communication with the organization’s members—critical to disproving conspiracy.
We also presented mitigating circumstances, including A’s clean criminal record, partial asset recovery, remorse, and full cooperation with investigators.