다중피해 사기범죄의 양형인자 적용에 대한 개선방안 - 형량 강화의 구체적인 방안을 중심으로 -

In line with the longer phase of super-low interest rates than expected, we currently witness the environment in which malicious finance criminals inducing investors in connection with interest rates are more likely to appear as well as remarkable phenomenon where ordinary people also prefer targets of investment guarantying other high profits to normal banks. The scale of damages from these fraud crimes with multiple victims is usually large and at the same time such frauds strongly tend to turn out lots of victims in a short time. Therefore, their negative effect on national economy must be huge. On the other hand, criminal skills are becoming smarter, more organized and more online than ever and it's not easy to secure related evidences or arrest criminals. Several problems have been pointed out in regard to fraud with multiple victims. That is, even though criminals were arrested, it's basically hard to collect proceeds of crimes, resulting in the difficulty of helping the victims recover their loss. While, sentences to the defendants are set too little against the sentiments of the people. Nevertheless, the current guidelines for sentencing in regard to fraud have certain limits for severe punishments. So, there arises the necessity for the change of the current guidelines for fraud sentencing. To draw substantial methods to improve guidelines for sentencing, in particular, needs to conduct empirical research and so this study surveyed written sentencing judgements related with multiple victims out of frauds and analyzed application of guidelines for sentencing as well as the effect of guidelines for sentencing on sentencing. Through empirical analysis on specific sentencing factors actually applied to fraud with multiple victims as such, the study sought to draw problems and suggest improvement methods that can supplement them.