In voice phishing cases, the role played and whether the person knew of the crime are key

Voice Phishing Matters We Handle

1. Cash Collectors and Couriers — The scope of the role and the degree of knowledge of the crime are the issuesA person who received cash from victims and passed it to the organization may be punished as a co-principal in fraud or for violating the special act on telecommunications financial fraud. The Supreme Court held that a cash collector need not know the entire voice phishing method; it is enough that he or she was aware that the assigned work might be used for a crime.Analysis of how the person was recruited and instructed · Review of messenger and call records · Review of how unusual the pay and work method were · Organizing accomplice relationships and degree of involvement · Repaying victims and preparing sentencing materials
2. Borrowed-Name Bank Accounts and Lending Accounts — Transferring or lending access media is punishable in itselfTransferring access media such as bank books, debit cards and OTP devices, or lending, storing, delivering or circulating them in return for payment, is punishable under Article 49(4) of the Electronic Financial Transactions Act by imprisonment for up to 5 years or a fine of up to KRW 30 million. The same applies to lending them knowing they would be used for crime. The issues are whether they were actually used in a crime and whether the person knew they might be.Review of how the account was provided and what was received in return · Confirming the scope of access media handed over · Responding to restrictions on financial transactions · Settlement with and repayment to victims · Organizing a plan to prevent reoffending
3. Violations of the Electronic Financial Transactions Act — Providing account information is also punishableNot only transferring or lending access media, but also providing, storing, delivering or circulating information related to an account is punishable under Article 49(4)5. Restrictions on financial transactions may also be imposed, affecting one's financial life separately from the criminal case.Review of how the information was provided and knowledge of the crime · Analysis of account usage records · Dealing with financial institutions · Review of procedures to lift restrictions on financial transactions · Responding to questioning by investigative agencies
4. Money Laundering and Withdrawal Agents — Liability for involvement in moving the victims' moneyWithdrawing the victims' money or moving it to other accounts can be punished not only as an accomplice to fraud but also under Article 3 of the Act on Regulation and Punishment of Criminal Proceeds Concealment (the “Criminal Proceeds Concealment Act”, 범죄수익은닉규제법), by imprisonment for up to 5 years or a fine of up to KRW 30 million. What instructions were received and how the money was moved are important.Confirming how withdrawals and transfers were made · Securing the instructions and evidence · Review of whether the person knew they were criminal proceeds · Review of the scope of collection of equivalent value and confiscation · Plan to repay the damage
5. Help for Victims — Payment suspension, damage relief and refunds are keyA victim of telecommunications financial fraud can apply for damage relief to the financial company managing the account to which the money was sent, or the account used for the fraud, and request a payment suspension. After the suspension, the remaining balance is paid out as refundable assets through a claim extinguishment procedure, and any shortfall is pursued through complaints and civil proceedings against the fraudsters and participants.Immediate request for payment suspension · Organizing the complaint and evidence · Guidance on the refund procedure · Considering a damages claim against the account holder · Preservation measures such as provisional attachment

1. The Concept of Telecommunications Financial Fraud and Statutory Penalties

Telecommunications financial fraud means obtaining money or property interests by deceiving or threatening another person through telecommunications, including causing the person to send or transfer money or virtual assets, obtaining personal information and making a transfer, receiving or causing the delivery of means on which money or virtual assets are stored, and withdrawing money. Acts disguised as supplying goods or services are excluded, but acts disguised as providing, arranging or brokering loans are included (Article 2(2) of the Special Act).

In telecommunications financial fraud cases, investigative agencies often apply not only the Special Act but also fraud, the Electronic Financial Transactions Act and the Criminal Proceeds Concealment Act together. In sentencing, the amount actually received, the period and frequency of involvement, and whether the damage was repaid are reflected.

2. Participants' Knowledge of the Crime and How Conspiracy Is Judged

The Supreme Court holds that, for a cash collector, conspiracy and criminal intent are sufficiently established if the person was aware that he or she was collecting victims' cash in successive and tacit communication with other accomplices. Dolus eventualis is enough, and the person need not know the entire voice phishing method or its details specifically. Where the defendant denies conspiracy and intent and there are no statements from other members of the organization, the court considers the following indirect facts together.

• The content and means of communication (such as the use of highly anonymous messengers)
• Whether the person met the one who assigned the work in person, and whether an employment contract or service contract was properly drawn up
• Whether the way and process by which the person took on the work were ordinary
• The specific method of collecting cash, the words and conduct shown to victims, and documents presented
• The number of collections and amounts, and how the collected money was delivered or remitted (including whether third parties' personal information was used)
• The level and manner of pay, and the person's age, intelligence and work history

In access media cases, transferring possession of a bank book or card to another person so that it contributes to illegal transactions or use counts as 'delivery', and if the person knew and accepted such circumstances, intent is recognized (Supreme Court Decision 2020Do7840, decided December 30, 2021). On the other hand, if the person truly did not know it would be used for crime and there are no circumstances suggesting so, there is no intent and no liability.

3. Victim Relief: Payment Suspension, Claim Extinguishment and Refund

1. Damage relief application · A victim who sent or transferred money may apply for damage relief, such as payment suspension, to the financial company managing the account from which the money was sent or the financial company managing the account used for the fraud (Article 3(1) of the Special Act). Investigative agencies may also request payment suspension of the account used for the fraud (Article 3(2)).
2. Payment suspension · On an application or request, if transaction records or other circumstances give reason to suspect the account was used for fraud, the financial company must immediately suspend payment on the entire account and notify the account holder, the victim and others (Article 4). For a suspended account, there are restrictions preventing lawsuits, provisional attachment, and collection of tax arrears (Article 4-2).
3. Claim extinguishment procedure · Two months after the date of the first public notice of the start of the claim extinguishment procedure, the account holder's claim is extinguished (Article 9(1)).
4. Refund · Refundable assets calculated on the basis of the extinguished claim are paid to the victim (Article 10).
5. Objection by the account holder · The account holder may file an objection before 2 months pass from the date of public notice by showing, for example, that the account was not used for fraud or that the money was obtained under a legitimate title (Article 7).

A person who files a false damage relief application or objection is punishable by imprisonment for up to 3 years or a fine of up to KRW 30 million (Article 16).

4. Restrictions on Financial Transactions and Sentence Reduction

If an account holder whose account was once suspended as a fraud account was sentenced to a fine for transferring or lending access media and 3 years have not passed since the date of sentencing, or was sentenced to imprisonment (including a suspended sentence (officially “suspension of execution of sentence”)) and 5 years have not passed, the Financial Supervisory Service designates the person as subject to restrictions on electronic financial transactions, and financial companies cannot process his or her electronic financial transactions (Article 13-2 of the Special Act). If the account holder's explanation is accepted in the objection procedure, the restriction may be lifted.

Meanwhile, if a person who committed telecommunications financial fraud submits statements or materials that reveal another person's crime during investigation or trial, or contributes to the arrest of offenders or to reporting criminal proceeds, the sentence may be reduced or remitted (Article 17-2). This provision is considered where the degree of involvement is small and the person can provide information about the organization.

5. Investigation and Trial Procedures and How to Respond

• Investigation stage · The judicial police officer analyzes account transaction records, messenger conversations, call records, CCTV and footage of the cash collection site to investigate how the person became involved. If the charge is supported, the case is referred to the prosecutor (Article 245-5 of the Criminal Procedure Act).
• Detention · If the crime is organized and the person was involved many times, a detention warrant is likely to be requested, so it is best to decide the defense strategy with counsel before the first questioning.
• Disputing knowledge · Recruitment ads, the interview process, the instructions received, and records of asking questions out of suspicion are important materials for judging the degree of knowledge. Efforts made to check whether the work was legal should also be organized.
• Repaying the damage · Settlement with victims and efforts to restore the damage weigh heavily in sentencing. It is safer to go through counsel rather than contact victims directly.
• Voluntary surrender and statements · When the person decided to get out of the scheme and whether he or she cooperated with investigative agencies afterward can be reflected in sentencing.

Key Court Decisions

Supreme Court Decision 2025Do486, decided May 29, 2025

The Court held that conspiracy and criminal intent of a voice phishing cash collector are sufficiently established by dolus eventualis as to collecting victims' cash, without knowing the entire method, and directed that the judgment be made by considering together indirect facts such as how unusual the recruitment process was, the manner of instructions, remittances using others' personal information, and the level of pay.

Supreme Court Decision 2020Do7840, decided December 30, 2021

The Court held that 'delivery' of access media under the former Electronic Financial Transactions Act is transferring possession of access media to another person so that a financial account in someone else's name can be illegally traded or used, and that even for a corporate account, it counts as 'delivery' if the account can no longer be used and managed according to the corporation's actual intent.

Frequently Asked Questions

Related Legal Guides

Criminal Defense Case Results

Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026