통신사기피해환급법 제15조의2 제1항 위반죄에 관한 고찰

Abstract

Article 15-2(1) of the Telecommunications Finance Fraud Damage Refund Act, that is to say Penalty Article was newly legislated to apply the criminal law also to variants of voice fishing crime. Penalty Article No. 2 regulates an act to input the data or the order by using another’s information obtained into the data processor, such as computer, etc., with intent to commit a telecommunications finance fraud. After a victim’s money has been remitted or transferred into an account used for fraud by a telecommunication finance fraud, a perpetrator input the data of the account’s title holder, etc. into the ATM to withdraw money from the account used for fraud. In this case, the Supreme Court decided that the perpetrator’s act do not come under the constituent elements of Penalty Article No. 2 because a title holder of an account used for fraud be not included in ‘another’ provided in Penalty Article No. 2(2015Do15101). But ‘another’ provided in Penalty Article No. 2 is to mean ‘any person other than a perpetrator’. And the perpetrator’s act can constitute the offense of violation of Penalty Article No. 2 only if the perpetrator has obtained another’s information by his defrauding or extorting. The perpetrator’s act lacked it. On this account, the perpetrator’s act is not to come under the constituent elements of Penalty Article No. 2.