조직적 사기범죄의 양형기준에 대한 개선방안

Abstract

As the criminal method of systematic fraud is becoming more intelligent and organized, it is difficult to arrest criminals or secure related evidence. Even if the criminal is actually arrested, it is difficult to confiscate the profits of the crime, making it difficult to remedy the damage. The final sentence is also set too low, and the problem of not meeting the people’s desire for punishment or legal sentiment for systematic fraud, also called 'economic murder', is pointed out in many ways. Systematic fraud crimes are qualitatively different from classical fraud crimes in that many people commit crimes by sharing roles intelligently and organizing positions. Therefore, in the case of systematic fraud crimes, the fact that families are often destroyed compared to other property crimes can be fully utilized as an argument for raising the final sentence. If systematic fraud crimes are included in the existing normative system without looking at these differences, it will be difficult to achieve the purpose of preventing punishment due to punishment that does not accurately reflect the enormous interests of the accused and the enormous damage of the victims. In order to improve the problems of the current situation discussed above, it is important to establish new and reasonable sentencing standards by precisely supplementing the existing sentencing standards for fraud. Accordingly, a change in the current sentencing standards for fraudulent crimes is required. In the following, various problems are derived through empirical analysis of specific sentencing factors applied to systematic fraud crimes. After that, with concrete measures to strengthen the sentence that can lead to an upward adjustment of the actual sentence, a plan to reasonably improve and supplement the current situation will be suggested.