A foreign defendant prosecuted as a cryptocurrency money courier in a voice phishing scheme was able to regain his daily life with Decent’s assistance.

Mr. A, a foreign national who entered Korea for tourism, began performing USDT (Tether) exchange work after being approached by an individual he met through Telegram.

However, the work assigned to him was, in fact, part of a voice phishing organization’s money-laundering scheme. Mr. A was accused of receiving and exchanging several million won in cash that had been defrauded from victims, and was prosecuted for violating the Act on the Prevention of Fraudulent Solicitation through Telecommunications and Refund of Damages (the “Voice Phishing Special Act”).

Although Mr. A consistently maintained that he had no knowledge that his actions were connected to a serious criminal organization, the prosecution argued that he had conspired in the scheme and acted with intent, and therefore sought a custodial sentence.

• Awareness and intent regarding voice phishing
  A key issue was whether the client had at least a conditional intent—whether he could have foreseen and accepted the possibility that his actions were part of a voice phishing crime.

• Foreign-national status and conspiracy
  Because foreign nationals are generally unfamiliar with the highly sophisticated methods of Korean voice phishing schemes, we examined whether the legal requirements for conspiracy could reasonably be established.

• Timing of the “money courier” conduct
  We also argued that if the client received the cash after the victims’ money had already been unlawfully obtained, then the elements of joint principal liability could not be satisfied.

☑️ Demonstrating lack of criminal awareness
We presented evidence showing that the client had entered Korea solely for tourism and had stable employment in his home country, demonstrating no motive to engage in crime.

We submitted investigative reports showing no incriminating instructions in his mobile phone data and emphasized that he gave consistent statements from the time of his arrest.

☑️ Highlighting foreign-national characteristics
We emphasized that the client lacked knowledge of Korea’s advanced voice phishing methods.

We also explained that in his home country, informal currency exchange between individuals is common, and the compensation he received might not have appeared suspicious given local economic standards—supporting the argument that he had little intent.

☑️ Refuting conspiracy and presenting mitigating factors
We stressed that there were no communications indicating shared planning or coordination with organization members.

We also submitted mitigating materials: he had no prior criminal history in Korea, part of the illicit proceeds had been recovered, and he showed sincere remorse.

The court accepted many of the arguments advanced by Decent Law Firm’s foreign-national criminal defense attorneys and imposed a suspended sentence.

Although Mr. A faced a high likelihood of imprisonment for involvement in a serious voice phishing crime, he was ultimately able to avoid incarceration and regain his freedom thanks to our structured and strategic defense.

Foreign defendants can obtain successful outcomes with representation from attorneys experienced in both international matters and complex criminal cases such as voice phishing.

☑️ Expertise in foreign-national criminal defense:
We incorporate the cultural and legal circumstances unique to foreign defendants and provide tailored defense strategies.

☑️ Comprehensive defense from investigation to trial:
We represent clients at every stage—from police interrogation to courtroom litigation—implementing logical and persuasive defense arguments.

If you are a foreign national facing arrest, detention, or prosecution for voice phishing-related allegations, contact Decent Law Firm immediately for assistance.