전세사기 피해자 보호를 위한 입법적 개선의 필요성 — 몰수･추징을 중심으로 —

Recently, Housing Lease Fraud has become a big social problem. Since the amount of damages that the police confiscate and additionally collect before indictment is only a portion of total Housing Lease Fraud damages, it is necessary to revise the laws related to confiscation and additional collection. Under the current legal system in Korea, it is difficult to confiscate and additionally collect property damaged by crimes in general fraud cases. The Corruption Property Confiscation Act provides special exceptions for crime victim property, allowing confiscation and additional collection in certain cases even in fraud cases, but limits the target to specific fraud crimes. For crimes that cannot be confiscated and additionally collected, the police cannot apply for confiscation and additional collection preservation before indictment during the investigation process. To solve this problem, a revision to the Corruption Property Confiscation Act that includes Housing Lease Fraud in specific fraud crimes has been proposed. This paper examines the positive and negative effects of the revision and concludes that the positive effects are greater. In addition, the paper suggests the establishment of an emergency confiscation preservation system and independent confiscation system to ensure the timeliness and effectiveness of the enforcement of confiscation preservation orders.