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[Main Issues and Holdings]
The Defendant was accused of violating the Special Act on the Prevention of Loss Caused by Telecommunications-based Financial Fraud and Refund for Loss by sending the Defendant’s identification and bank account number to Party A, an unidentified member of a telecommunications fraud organization (so-called “voice phishing”), through KakaoTalk, after which Party A proposed to the Defendant that “when money is deposited, withdraw it as cash and put it in a box, then give it to another person according to these instructions,” which the Defendant accepted, and so conspired with unknown members of the voice phishing group to become the person withdrawing and conveying money that would withdraw the proceeds from the voice phishing after the voice phishing was performed and convey the withdrawn proceeds to another member of the voice phishing group, thereby defrauding the victims using telecommunications in order to steal funds from victims. In this case, the Defendant was found not guilty.
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