[논문]은행 및 비은행권 범죄의 실태와 형사법적 대응

The Current State of Bankingsystem Crime and Criminal Countermeasures

Since the birth of the national banking system in Korea, the principal criminal statutes and financial statues applicable to criminal misconduct by insiders of financial institutions have been the misapplication, embezzle- ment, and false entry statutes. These statutes prohibited bank officers, directors, employees, and agents from misapplying or embezzling the bank’s funds or making false entries in the bank’s books with the intent to injure or defraud the bank. Although the concept of “misapplication” has historically been sufficiently elastic to encompass most species of insider fraud, it contained certain inherent limitations－the principal one being that it applied only to insiders (i.e., officers, agents, employees, and, for banks, directors). Frauds that eluded the misapplication and false entry statutes were directed to the criminal justice systems and the financial Supervisory Service of Korea for investigation and possible prosecution. On the other hand, various types of bankingsystem crime have become more serious due to unhealthy perceptions of general public and people engaged in financial market and uninstitutional system in this area in Korea. Moreover, financial abuses on a large-scale such as financial pyramid fraud through quasi-financial institutes like financing and funding companies and financial fraud through illegal loans to venture business have yield a great number of victims, jeopardized home economy, destructed people’s trust in financial system, thereby threatening the sound develop- ment of financial markets and eventually exerting serious influence on national economy. This study is an attempt to review and analyse the current state and causes and contents of bankingsystem crime and criminal countermeasures.