국제전화금융사기에 대한 형사법적 쟁점

This study approached the international voice phishing in the legal context. The main point of discussion in dividing detailed types of international voice phishing to threat type and deception type is due to the fact that the underlying elements of each type has to be satisfied as fraud or menace to be punishable although dividing the types into physical acts of threat or deception can be effective for statistical data gathering by the police. Since the form of international voice phishing is not typical and thus has the tendency to intertwineand as it is foreseeable that new type of international voice phishing may evolve, it is more effective to divide into threat type and deception type although it may be abstract. Furthermore, the general theory on the criminal law perspective of acts related to the use of other persons’ bank accounts is that it may satisfy accessory through the act of telephone call. But as noted before, the issues in this case will be (i) the causation between the act of aiding and abetting and the crime and (ii) aiding and abetting and intent. Thus, this paper reviewed the methods of criminalizing the person who acted in purchase of other person’s bank account and withdrawal of monies from such account out of the variousstages of use of other persons’ bank account as accomplice by functional division of roles since these actions constitute major role in the whole scheme of international voice phishing. Although it is clear that resolution can be found by and through already existing treaties and local laws, the difficulties in actual administration will be beyond description. Viewing the fast introduction to Korea after the spread in geographically close countries such as Japan and Taiwan, one need not stress the importance of international awareness in the severity of international voice phishing.