보이스피싱 수거책에 대한 형법적 고찰과 형사정책

While voice phishing appears to have evolved into many varieties, they follow similar basic patterns despite changes in their deceptive approaches (impersonating government agencies, acquaintances, financial institutions, etc.). The masterminds, recruiters, managers, and above are those who plan and manage voice phishing operations. Besides fraud charges, they are subject to charges of joining and participating in criminal organizations. Previously, these cases were prosecuted under the Criminal Act's fraud provisions because the Act on Prevention of Electronic Financial Fraud and Return of Damages only covered "property benefits" as "electronic financial fraud," not "funds," making it inapplicable to in-person fraud. However, since the amendment of the Act on May 16, 2023, effective from November 17, 2023, "funds" are now included as objects of the crime. Additional actions such as "receiving or causing to receive funds" and "withdrawing or causing to withdraw funds" have been added. Unlike the fraud statute, the penalties now range from 1 to 30 years imprisonment, with possible additional fines of 3 to 5 times the criminal proceeds. Many defendants who become money mules in voice phishing schemes are themselves victims of employment or loan fraud, used and discarded as tools by voice phishing organizations. As voice phishing crimes evolve to appear legitimate, money mules often believe they are performing debt collection or loan refinancing work, receiving around 100,000 won per day to receive and transfer cash or make bank deposits. From another perspective, they become accessories by facilitating the completion of voice phishing crimes through receiving and transferring fraudulently obtained funds. While eliminating voice phishing crimes is necessary, we cannot prevent them by punishing victim-like money mules in ways that distort the fundamental principles of criminal law regarding intent and complicity. To establish co-perpetration in voice phishing crimes, money mules must have demonstrable intent to participate in the crime. In voice phishing cases, accessories should only be charged when double intent is proven. However, most victims of employment fraud lack awareness and willingness to commit crimes, so they should be found not guilty due to absence of intent. Intent cannot be established merely based on social norms or common knowledge about suspicious activities being potentially related to voice phishing. Prevention of voice phishing crimes requires not only campaigns warning about becoming victims or perpetrators but also organic cooperation among the National Police Agency, Prosecution Service, Financial Supervisory Service, Ministry of Employment and Labor, and Ministry of Science and ICT.