국제전화 금융 사기범에 대한 공권력 행사 방안

According to the data of Korea National Police Agency, there has been a crime called voice phishing in South Korea after June 2006. This kind of crime has occurred as following order. First, organized criminal groups in China collect personal data on adult Korean. Second, tele-marketers who belong to organized criminal groups staying in China phone to any koreans who get any cellular phone or regular phone. Third, they talk any receivers with Korean language with a given made-up story related cheating such as refunding of excessively levied tax or pension. Put in another way, they wheedle receivers in the name of refunding of excessively levied taxes. Fourth, they request to go ATM(automated teller machine) if receivers take the refunding money right now, and they ring off the phone. Fifth, They phone to the receivers again after about 5 minutes. And if receivers go to ATM in order to get the refunding money, they request receivers to press ATM button with a given order while talking them over cellular phone. Lastly, they request to press the sending button of ATM. Most of receivers realize something severely wrong after pressing the sending button of ATM because of not having discretion under circumstance blinded by easy money. A new type of swindling through international phone call like this occurred the type of refunding which is excessively levied taxes and pension for the first time and developed the type of threat such as kidnapping of receiver's child. If I introduce damage situation from June 2006 to July 2009, the amount of damage is 4.97 billon Won on a monthly average. Monthly average cases for the same period is 499. Most of offenders are as follows: Korean is about 76%, Chinese 10%, and Taiwanese 3%. A fact surprised is that most of Korean who issue bankbooks by his/her own name deliver it to members of organized criminal groups sent from the headquarter of organized criminal group located in China after taking some commission from them. A key issue raised is that China is the place of committing crimes through international phone call, on the contrary, Korea is the occurred place of the crimes. So, there are two methods to enforce these criminals such as requesting extradition through diplomatic channel and issuing red notice running with International Criminal Police Organization(Interpol). Unfortunately, according to the article 8 (1) of extradition law of China, the request of extradition by a foreign state to China shall be rejected if the person sought is a national of the China. It is impossible to imagine that China can deport her own people based on red notice issued by Interpol. Even though it is impossible to use diplomatic channel and Interpol channel, there is exceptionally practical method called active planning investigation in order to enforce these criminals staying China. This method is a way under circumstances not to violate international law and chinese domestic law. Take an example, a korea authority gives some pieces of criminal information to china authority in order to arrest these criminals and punish them. There are two law-making methods as well. One is the Transfer of Proceedings in Criminal Matters. The other is International Arrest Warrant System based on the principle of mutual recognition of judicial decision. Therefore, korea judicial authorities have to take preventive measures actively. Even though extradition request is not available to China, korea judicial authorities have to take active measures such as delivering useful information related these crimes to China judicial authority. If korea judicial authorities collect judicial information related these crimes, Korea requests to issue red notice to Interpol. Furthermore, Korea judicial authorities have to research the Transfer of Proceedings in Criminal Matters and International Arrest Warrant System in order to introduce them between Korea and China. It is also requested that judicial authorities(National Information Agency, National Police Agency, and Prosecutor's Office) shall consider to establish the commission of counter-measure against international crime in order to share criminal information and to enforce the criminals with partnership.