의뢰인은 조선족 총책이 설립한 보이스피싱 콜센터에서 수사관을 사칭하며 피해자들에게 전화하여 피해금액을 수거책에게 전달케 하였습니다. 이에 보이스피싱 콜센터 상담원 혐의로 입건되었습니다.
해당 사건은 먼저 중국에 머물렀던 총책이 체포, 구속된 다음 해당 총책과 함께 일한 조직원들이 순차 체포 및 구속되는 상황이었습니다. 우리 의뢰인을 제외한 모든 보이스피싱 조직원들이 구속된 사안이었고, 의뢰인은 실형만은 피하기 위해 보이스피싱 전문 법무법인 온강을 찾아와 집행유예가 선고될 수 있게 도와달라며 간절한 마음을 호소하였습니다.
Case issues
The penalties for forwarders and withdrawers, which are the lower level of voice phishing cases, have also recently been increased, and unless a settlement is reached with the victims, they will be sentenced to imprisonment, and in the case of a gang member who lives in China with the leader and impersonates an investigator, imprisonment is a given, and it is not uncommon for the investigation to be conducted while in custody.
Therefore, the most important aspect of the case was to prevent the client from being detained during the investigation or trial, and to try to reach a settlement with the victims who were able to settle, so that the final sentence would be a suspended sentence.
Troubleshooting issues
의뢰인에 대해서도 수사기관으로부터 구속영장 청구가 들어왔지만, 진심으로 해당 사건에 대해 반성하는 점, 피해자와의 합의 계획등을 어필하여 구속영장실질심사에서 구속영장청구는 기각되었습니다. 따라서 법무법인 온강 변호인단은 재판과정에서도 의뢰인이 최대한 실형을 면할 수 있도록 최선을 다해 변호하였습니다.
As part of that defense strategy, our attorneys personally contacted the most important victims and diligently assisted them in reaching settlements with our client that were less than the amount of damages they sustained.
In addition, the client told the court as much as he could about how he came to be a member of the gang, how he wanted to leave but was unable to, and how the proceeds he received were minimal compared to the amount of damage he caused, and as a result, the client was ultimately sentenced to probationand avoided jail time.
When the client first came to Ongang Law Firm, his face was very dark because he was worried that he would be sentenced to prison, but after hearing the final sentence, he was happy and smiling, and he is now back to his normal life and living his life faithfully.
