보이스피싱 조직의 범죄단체 의율에 관한 제문제- 대법원 2017. 10. 26. 선고 2017도8600 판결을 중심으로 -

Abstract

Despite various efforts to prevent and eliminate voice phishing crimes, not only the crime methods have become more advanced but the number and the range of victims has increased. In order to reduce the damages caused by voice phishing crimes, in addition to public relations efforts and financial/telecommunication system enhancements, the criminals should be strictly punished in the criminal legal system. One such legal attempt was to designate a voice phishing organization as a ‘Criminal Syndicate’ under Article 114 of the Criminal Act where the criminal proceeds could be confiscated or collected. On May 12, 2016, the Supreme Court first recognized a voice phishing organization as a criminal syndicate(Case No. 2016do122) and on October 26, 2017 the Supreme Court made detailed statements with respect to the issues related to it(Case No. 2017do8600). By recognizing these large-scale voice phishing organizations with corporate structures as criminal syndicates under the Criminal Act, the borrowed name bank accounts to transfer funds from criminal activities were recognized as money laundering under Act on Regulation and Punishment of Criminal Proceeds Concealment. Further, the rulings were meaningful because the criminal proceeds was collected as it was recognized as criminal syndicate and therefore strict punishment and deprivation of proceeds were possible. This article examined the latter ruling(Case No. 2017do8600) which dealt with the related issues in detail. In order to be able to confiscate or collect criminal proceeds from voice phishing crimes even if the facts are not proven as a criminal syndicate, I propose revision of Article 2.1 of Act on Regulation and Punishment of Criminal Proceeds Concealment which the ‘Serious Crime’ includes the violation of Article 15.2 of the Spcecial Act on the Prevention of Loss Caused by Telecommunications-Based Financial Fraud and Refund for Loss.