형법 제114조(범죄단체 등 조직죄)의 최근 판결례와 비대면 디지털 범죄집단에 대한 규제 검토

Abstract

In 2023, the gang crime of Korea has taken the trend of multiple offenses as ‘groups’ that assign certain duties rather than ‘organizations’ with traditional hierarchy and control systems. In particular, there are many crime gangs pursuing non-contact crimes as it has become easier for them to organize and manage groups and launder funds using SNS and cryptocurrency. Article 114 of the Criminal Act, which was amended to implement 「United Nations Convention against Transnational Organized Crime」 in 2013, applies to organizing criminal groups and has actively been applied to punishing criminal gangs that have evolved. Article 114 has been applied to various forms of crimes including voice phishing, drugs, rental fraud, insurance fraud, online gambling, dating apps, and smuggling. It has particularly been applied to punishing non-contact or digital crime gangs that gather and organize groups through SNS and launder funds using cryptocurrency to make it difficult to find evidence. The current study discusses various criminal gangs and cases where Article 114 of the Criminal Act was applied up to December 2023 and makes suggestions for investigating the evolving organizational crimes based on the components of non-contact and digital crimes identified by judgments.