Rejection of Arrest Warrant of Korean Foreign Migrants having Relation with Voice Phishing
Have suspicion about saying of "Borrow your bank book", and "Withdraw money".
● Common senses of laws for foreigners as well as multi-culture family 18
Korean Chinese migrant Park who was born in Jilin Province in China lived life with his family member in Seoul to do foreign trade and to be common citizen.
He was never been given criminal punishment when living in Korea to obey the Korean laws.
He was arrested by the police because of one telephone call from his nephew.
After completing his work early, he returned to home to take a rest and to be given call from his nephew.
His nephew asked him to go to neighboring big mart and to be given money from someone on behalf.
Park accepted nephew's request without suspicion who helped Park's mother in law at money exchange from time to time.
Park's nephew asked Park to call again when arriving in front of big mart, and Park called his nephew at arrival at big mart.
Park's nephew told Park that a young man would come to bring money while waiting.
After a while, a young man approached Park and asked to come and to be given money: And, Park said 'yes' to go to young man's car.
As soon as Park took on the young man's car, policemen made appearance suddenly: Not recognizing situation, Park decided to follow the police's request for cooperation.
After a while, Park's nephew called Park again to verify being given money, and said that a man in leather made jumper told a man's name and asked whether or not knowing him, and that Park would give him money.
A little later after hanging up, a man approached Park waiting in front of big mart and asked Park whether or not knowing a person: Then, Park said that Park knew the man, and the unknown person attempted to bring Park to another place.
When an unfamiliar man took Park, policemen concealed at neighboring place made appearance to arrest both persons.
Park was taken to the police station not knowing reasons to be inspected by the police. At the investigation, he found that the money taken on the day was illegal money having relations with voice phishing having a lot of social problems.
Park said that he went to the place upon his nephew's request without knowing of voice phishing: His saying was of no use.
Investigation agency asked for arrest warrant against Park, Park's nephew and unfamiliar man in front of big mart.
As soon as hearing Park's difficult situation owing to an intimate's saying, the author rushed to police station jail to meet Park.
When listening to Park's saying one hour, the author realized truth of Park's statement. The author thought that arrest warrant might be cancelled when Park's saying was true and genuine.
At inquiry of the suspect before arrest, the author defended that Park had no relation with voice phishing based on Park's statement.
The author defended Park: for instance, errand upon nephew's request, no promise of compensation at voice phishing, acceptance of nephew's request without suspicion considering nephew's help to money exchange, and no evidence of prior conference, and so on.
At completion of inquiry of suspect before arrest, the author told Park that most of voice phishing cases were admitted to be guilty and to release arrest warrant, and that Park should not expect of advantageous result, and returned to office.
Around 6 o'clock in the afternoon, the author inquired of policeman in charge thinking of release of result of arrest warrant. The author was told that arrest warrant of Park only was rejected. The result was extremely fortunate.
Since then, Park who was not arrested was given prosecutor's inspection some times more.
The prosecutor severely inquired Park into accomplice of voice phishing, and closed the case to be acquitted against Park.
As such, Korean migrants had been punished often in connection with voice phishing that was new type of fraud.
As such, many persons may be fallen into difficult situation unconsciously when listening to requests from nephew and/or friends.
Not only the court but also prosecutor fortunately admitted of Park's appeal: If not, Park might have been fallen into difficult situation to be arrested and to come up for trial.
Fortunately, arrest warrant was rejected to be acquitted: Park suffered from great mental and physical losses and damages.
The one who has kept laws to live good life might be fallen into difficult situation immediately because of good will errand: When being asked suddenly from someone to borrow bank book and/or to withdraw money and/or to be asked to do voice phishing related work on errand, he needs to inspect situation exactly at first,
So, polite rejection of the suspicious request can prevent being fallen into voice phishing related crime in advance to be intelligent.
Lawyer and legal consultant Cha Gyu-geun
△Graduate of department of law, graduate school of law, Seoul National University △Master degree, international law, graduate school, Kyushu University △Director, KBA Legal Aid Foundation △ Manager, Nationality and Refugee section, Foreigner Policy Headquarters, Immigration Bureau, Ministry of Justice △ Currently, representative lawyer, law firm Gongjon 02) 532-6464