전기통신금융사기 법제에 관한 분석적 고찰

Analytic Study on the Legal System of Telecommunications Financial Fraud

Today, lots of people are suffering from telecommunication financial fraud. Although investigative agencies (police, prosecution) and related agencies (the Financial Supervisory Service, Korea Internet and Security Agency) prepared legal system and publicity measures for preventing telecommunication financial fraud, the number of telecommunication financial frauds are not reduced and the form and method are more intellectualized and diversified. However, criminal organization of telecommunication financial fraud shows the form of international group, uses complicated course of transmission. And, it's very difficult to trace and arrest the people who are acting under the form of the mobile gang who doesn't have its base. Japan, Taiwan and America arranged related legal system for preventing telecommunication financial fraud. Their division related to telecommunication financial fraud are playing roles of not only report receipt and information provision for telecommunication financial fraud but also investigation. Also, active cooperative investigation system which is established between government and related agency showed good results for criminal arrest. This research examined current situation and improvements of our legal system related to telecommunication financial fraud. To prevent telecommunication financial fraud more effectively, the sentence of penalties for telecommunication financial fraud regulated by existing law should be strengthened and penalties which can regulate it should be prepared for the examples which can be occurred besides what existing laws regulate. In addition, punishment of people related to borrowed-name bank account should be strengthened and borrowed-name bank account should be strictly regulated so as to prevent additional damages of telecommunication financial fraud. For the problem of damage return, mortgage fraud, internet good fraud, resort fraud, etc. should be included to the definition of 'telecommunication financial fraud' so that they can be regulated by same law. And, to investigate and arrest criminal organization of telecommunication financial fraud effectively, it's necessary to strengthen organization of investigation team for telecommunication financial fraud and system of cooperative investigation. Because of the short history for telecommunication financial fraud, it's inconvenient that actual research related to it was not conducted. But, more concrete research for telecommunication financial fraud will be conducted in the future, so it's expected to provide correct guideline which can treat wisely when we treat the above situation.