전기통신금융사기 관련 범죄의 가벌성 검토

Abstract

Telecommunications fraud ocuring in Korea has continued to evolved up to now,and in spite of various eforts of the government authorites and related organizations,it has emerged as a continued social problem as the scale of damage is growing ratherthan declining. Thus, this manuscript aims to consider how we can deal with ilegalityshown in the series of the proces of crime within the scope of control system of thecurent law focusing on the ‘punishment’ against telecommunications fraud. Especialy,most of telecommunications fraud asume the form of organized crimes, so it is dificultto wipe out such members as the majority of gang members take a point organizationform and such dificulty has ben doubled as coperative investigation with overseasinvestigation agencies is not made smothly. Considering the reality, hands-on workers cary out investigation placing a focal pointon circulation of aces media and cash withdrawal from a fake deposit bankbokfocusing on the fake deposit bankbok. Thus, it is necesary to understand conectinglinks of bank acount used for fraud and consider violation which is the Clause 4, Article49 of the Electronic Financial Transaction Act. It is also neded to consider the liabilty of an acesary to a crime if a holder of fake deposit bankbok in telecommunicationsfraud was able to recognize or predict that circulation of one’s bankbok can be usedfor crime of the chief criminal. Next, through enactment of Article 15-2 of theTelecommunication Damage Repayment Act, the curent law punishes input ofinformation․order for the purpose of telecommunications fraud, so this manuscriptintends to atempt interpretation of the legal nature and constiuent. Lastly, as part ofimprovements for the curent circumstances that are considered insuficient forcompensation of damage caused by telecommunications fraud, this manuscript wil finishdiscusion by emphasizing the necesity to punish members involved in such crimesunder the crime of organization of a criminal group and control as a grave crime inacordance with the Act on Control of Concealment of Criminal Proceds.