조직적 사기범죄 피해재산의 몰수ㆍ추징과 피해자 환부

• 영문명: Confiscation and Additional Collection of Proceeds of Fraud Crime of Criminal Organization and Compensation for Victims
• 발행기관: 한국형사정책학회
• 저자명: 홍찬기(Hong Chan Ki)
• 간행물 정보: 『형사정책』刑事政策 第27卷 第3號, 161~184쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2015.12.30

영문 초록

Recently, Pyramid scheme fraud and voice phishing by criminal organizations have increased. These crimes has a characteristic that they are committed under the premeditated and organized plan, targeting economically vulnerable people, occurring The greatest number of victims of crime. And these crimes may be greater impact on society than other fraud. As a countermeasure for the serious organizational fraud crime problems, victims organizations required to strongly punish organizational fraud crime, and, also, established recovery measures of organizational fraud crime. Reflecting public opinion like this, police and prosecutors sometimes a special crackdown on organizational fraud crime, sometimes to strengthen judicial cooperation for arresting criminals who flee the country. However, despite these various efforts, It does not seems sufficient way to recover organizational fraud crime, but whether it is effective on preventing organizational fraud crime. Reflecting public opinion like this, sometimes a special crackdown on police and prosecutors organized crime and fraud , to strengthen judicial cooperation has a variety of efforts to strengthen the arrest criminals who flee the country. But such efforts occur if there is effective prevention of future crimes, but it is a recovery measures for victims of crime and economic base collapsed with a terrible lack of systematic fraud. For example, the "proceeds of crime legislation concerning the Regulation and Punishment of Concealment" Article 8, paragraph 3 and Article 10, paragraph 2, prohibit the confiscation and additional collection of the crime property, Because of this legislation we does not have any procedure of compensation for Victims. This legislative lack is making the situation that can not give a compensation for Victims of domestic if prosecutor take a confiscation and additional collection of property of crime that concealed the outside through mutual legal assistance. To solve this problem, amended the "proceeds of crime legislation concerning the Regulation and Punishment of Concealment, should be prepared for the confiscation and additional collection of property of crime and procedure of compensation for Victims of Fraud crime.

목차

Ⅰ. 들어가며

Ⅱ. 범죄피해재산 몰수ㆍ추징 및 피해자 환부 규정 현황

Ⅲ. 범죄피해재산 회복관점에서 현행 법체계의 문제점

Ⅳ. 범죄피해재산 피해자 환부 도입 방안

Ⅴ. 마치며

참고문헌

키워드

사기죄 범죄수익 범죄수익 몰수 사기피해 범죄피해재산 Fraud Proceeds of crime Confiscation of Proceeds of crime Victim of Fraud Property of the Victim of a Predicate Offense