통신사기피해환급법의 정보·명령입력죄의 구성요건적 의미와 한계

Abstract

Any person that commits any of the followings for the purpose of telecommunications-based financial fraud shall be punished by imprisonment with labor for not more than ten years or by a fine not exceeding 100 million won: 1. Causing other persons to input data or instructions into computers or other information processing units; 2. Inputting data or instructions into computers or other information processing units by using other persons' data he/she acquires. Article 15-2(1) of Special Act was legislated to punish variant voice phishing which cannot be punished for fraud crime or fraud crime using computers, etc. This provision doesn’t prescribe that a person who committed an act of telecommunications-based financial fraud is subject to punishment. So this crime should be called crime of inputting data or instructions for the purpose of telecommunications-based financial fraud, not telecommunications-based financial fraud crime. This paper analyzes the crime of inputting data or instructions for the purpose of telecommunications-based financial fraud and points out its problems. It is right to abolish this crime. But If maintenance is inevitable, revision is necessary. Property should be added to the term “telecommunications-based financial fraud” prescribed by Article 2(2) of Special Act. And The penalty for this crime of inputting data or instructions should be lower than the penalty for fraud crime.