유사수신행위의 주요쟁점과 억제방안- ‘도나도나 사건’을 중심으로 -

Abstract

This study was designed to recommend the revision of current laws related to fund-raising business without permission in Korea and to suggest countermeasures about it by way of focusing on the ‘Dona Dona case’. In Korea, Act on the Regulation of Conducting Fund-Raising Business without Permission provides for special provisions to protect good traders and establish a sound financial order. To regulate offenders and protect victims against it, this law defines the term "fund-raising business without permission" as “any business that is performed to raise funds from unspecified individuals without obtaining authorization or permission or making a registration or report, etc.” and it also regulates that any person who conducts any fund-raising business without permission shall be punished by imprisonment for not more than five years or by a fine not exceeding fifty million won(§2, §3, §6). In this study, I reviewed the first trial, second trial, appeal, and extradition decision of the "Dona Dona case." As a result of the review, I could identify problems such as the prosecution's reduced indictment, the irrationality of acquittal, the passive response of related agencies, and the limitations of current laws. The following items can be suggested as solutions and alternatives for the issues. First, it is necessary to do benchmarking “Investment Fraud(Kapitalanlagebetrug)” of Germany. Second, the Act on the Regulation of Conducting Fund-Raising Business without Permission shall be amended to enhance the effectiveness of law enforcement. Third, the government should establish a cooperative system for police, prosecution, financial committee, financial information analysis institute, financial watchdog and local administrative bodies. Fourth, after investigating cases in major countries such as the U.K., the government should establish a nationwide police investigation agency that can exclusively deal with fraud cases. Finally, there is a need to reduce or exempt punishment for self-reportees and expand the reward system.