| Nationality |
Mongolia |
| Case Overview |
The client was accused of participating in a voice phishing scam as a collector through a part-time job introduced by a friend. |
| Special Circumstances |
Long-term resident in Korea, early-career individual. |
| Case Handlers |
Lead Attorney Yongjun Kim, Deputy Chief Attorney Ju-Hyeong Kim |
| Outcome |
Non-prosecution decision. |
1. Client Situation and Facts
The client, a Mongolian national, was a university student in Korea seeking part-time employment to cover living expenses. A friend introduced a part-time job that led to the client unknowingly participating in a voice phishing scam as a collector.
When the police investigation progressed to the prosecution stage, the client sought Ma-Jung’s assistance to avoid potential criminal charges and subsequent deportation.
2. Case Issues and Resolution Process
1) Establishing the Client’s Lack of Criminal Intent
The client, although a Mongolian national, had been a long-term resident in Korea, completing primary, middle, and high school education in the country.
Upon entering university, the client took on various part-time jobs, including the one introduced by a friend through a local job application. Given the severe COVID-19 situation, non-face-to-face interviews were common, and the job offered payment directly into the client’s account, which appeared legitimate.
Ma-Jung highlighted that the client consulted with a Korean friend regarding any potential concerns about the job. The recruiter explained that cash transactions were due to tax issues, which allayed any suspicions.
2) Supporting Evidence and Argument
Despite the lack of a settlement agreement with the victims, Ma-Jung focused on the client’s lack of intent and knowledge about the fraudulent nature of the job. We emphasized the client’s status as a socially inexperienced young adult with a lower awareness of voice phishing crimes compared to the general Korean population. Additionally, we noted that all of the client’s family members were residing in Korea.
Ma-Jung’s legal team prepared a detailed defense statement, acknowledging the unintended harm caused to the victims but underscoring the absence of criminal intent.
3. Case Outcome and Client Benefit
Based on these arguments, Ma-Jung successfully persuaded
the prosecution to issue a non-prosecution decision. The victims did not appeal within the statutory period, concluding the case favorably for the client.
This outcome spared the client from potential deportation and allowed continued residence and career development in Korea without further legal complications.
4. Significance of the Judgment (Explanation of the Disposition)
Voice phishing scams have become a significant social issue, often ensnaring unsuspecting individuals into criminal activities. Foreign students and residents are particularly vulnerable to such schemes, which can lead to severe legal consequences.
Ma-Jung’s strategic defense demonstrated that even without victim settlements, a lack of criminal intent and awareness can be effectively argued to achieve a non-prosecution decision. This case highlights the importance of expert legal representation in safeguarding the rights and future of foreign nationals wrongfully accused of crimes.
