1. Case Overview
This case involved a new form of crime in which a voice phishing ring, posing as a lending company, deceived ordinary individuals and laundered illicit proceeds through virtual asset transactions. The suspect, a graduate student, had applied for a loan online to cover living expenses and was subsequently targeted by the voice phishing organization. The suspect's bank account was then used to transfer funds fraudulently obtained from third parties and to convert them into virtual assets. The police, treating the suspect as an accomplice, referred the case to the prosecution on charges of aiding and abetting fraud.
2. Key Issues
The central issues were whether the suspect had actively participated as an "account provider" for the criminal group or was instead an unwitting victim who had been deceived into believing he was undergoing legitimate loan procedures; whether he could have recognized or accepted the new modus operandi of the crime involving virtual assets; and whether the elements of aiding and abetting [namely, awareness and acceptance (dolus eventualis) of the principal offense] had been satisfied.
3. Our Arguments and Role
We focused on the following points in its defense:
- Structural Characteristics of the New Criminal Modus Operandi: We emphasized that the voice phishing group fabricated a false "investor support loan" process, which required sequential steps such as signing up with a virtual asset exchange, conducting a small test transaction, setting up a MetaMask wallet, purchasing Ethereum, and transferring it. This structure was such that an ordinary person could easily mistake it for legitimate financial procedures.
- Detailed Circumstances of the Suspect: We explained that the suspect, in seeking a loan to cover tuition and living expenses, had been misled by the group's elaborate deception into providing his account information and personal details and merely following the given instructions, without any knowledge of the victims or recognition of the fraudulent scheme.
- Evidence of Proactive Response as a Victim: After the account was suspended, the suspect immediately filed a complaint with the police, submitted grievances to the Financial Supervisory Service and the national petition system, and lodged objections with Woori Bank. By highlighting these facts, we demonstrated that the suspect was not attempting to evade responsibility after the fact but was in reality another victim of the fraud perpetrated by the voice phishing group. In addition, we distinguished this case from other cases in which suspects had been indicted for aiding fraud, showing the crucial differences.
4. Result and Significance
The prosecution accepted our arguments, recognizing that the suspect lacked intent to aid and abet and was instead a victim exploited by a new form of voice phishing scheme using virtual assets, and issued a non-suspicion (no charges) disposition.
This case is of considerable social significance, as it dealt with a novel type of voice phishing involving money laundering through virtual assets, rather than the conventional methods of account rental or simple fund transfers. Through active advocacy, we successfully established that the suspect was not an accomplice to fraud but rather a victim of the scheme, thereby preventing wrongful criminal punishment.
