변종 보이스피싱 범죄 관련 컴퓨터등사용사기죄 내지 업무방해죄 적용에 관한 고찰

Abstract

Conventionally, voice phishing crimes have been categorized as ‘Fraud by Use of Computer, etc.’ and the act of withdrawing money from the victim’s account and transferring it to other accounts in piecemeal fashion as ‘Interference with Business,’ in order to ensure stringent crackdowns on voice phishing. However, if variant voice phishing is deemed ‘Fraud by Use of Computer, etc.’, the entity that is defrauded of his/her financial information or that is lured into revealing his/her financial information to the offender cannot be deemed the victim, while the timing of executing commands or inputting information is to be regarded as the timing of initiating the action, which is not compatible with the true nature of the crime. In addition, the scope of the establishment of accomplices will be excessively narrowed. As such, a more appropriate approach would be to apply the ’Special Act on the Prevention of Loss Caused by Telecommunications-based Financial Fraud and Refunds for Loss’. Meanwhile, classifying ‘piecemeal transfers’ as ‘Interference with Business’ is against the Supreme Court’s consistent stance on the definition of fraudulent means. Thus, it appears only reasonable to apply the crime of ‘Fraud by Use of Computer, etc.’ to piecemeal wire transfers, due to the heavier statutory punishment vis- -vis ’Interference with Business’ and the ability to punish attempted crimes