
Charged with criminal gang membership and criminal gang activity for joining a voicemail organization at the suggestion of her boyfriend.
The client was invited by her boyfriend to work abroad, and she left for China, where she joined a voicemail fraud organization with her boyfriend, who was the ringleader, and acted as an agent. Later, her accomplices were arrested, and the Suwon District Public Prosecutor's Office requested an arrest warrant based on the client's alleged membership in a criminal organization and activities in a criminal organization. The client sought the assistance of Ongang Law Firm from the beginning of the investigation, and Ongang Law Firm also assisted her in the 'warrant substantive examination' to determine whether or not the court should arrest her. ■ Case Issues Although the client did not have a clear awareness that he was engaging in a voicemail fraud, he admitted that he should have suspected that he was engaging in a voicemail fraud at the time of the crime. However, in terms of the legal aspect of the 'scope of liability' of the accused, the following issues were raised: ➊ in the case of membership and activity in a criminal organization, whether the client could be considered to have joined and acted as a member of a criminal organization given that the organization in this case did not qualify as a 'criminal organization'; ➋ the limitation of the scope of liability depending on the time of the client's participation in the crime and his contribution to the crime; and