주식을 이용한 사기 피해 방지방안에 관한 연구

Abstract

Fraud crime using stocks (hereinafter referred to as fraud crime) refers to defrauding investments by supplying listed stocks, unlisted stocks, and overseas futures at lower prices than the actual transaction price using virtual securities companies and inducing investment by guaranteeing high returns. Since this crime is committed using fake phones and fake bank accounts in cyberspace called communication media, it is difficult to identify criminals, making it difficult to arrest them. Victims of fraud suffer from mental pain such as depression, anxiety, regret, and despair due to financial loss. Therefore, related agencies will not be able to stop crimes unless legal, institutional, and policy countermeasures are sought to prevent them. To prevent this, it is necessary to seek proactive and follow-up measures. First, the preliminary precautionary measure is ① by enacting a law on criminal law alarms to prevent damage by informing investigative agencies or financial institutions of the criminal law to the entire population. ② Even if an investor remits the investment, the investment should not be remitted for a certain period of time through the remittance transfer delay system, so that the investment should not be remitted to the criminal's account when the investor is judged to be fraudulent. ③ Financial institutions notify the investigative agency when a large amount of deposit and withdrawal accounts occur for a certain period of time, and when a damage report is received for the account, the investigative agency must immediately obtain a seizure and search warrant and confiscate it to prevent further damage. ④ Employees of financial companies should be able to impose the obligation to notify them through the revision of related laws that they can be punished if they are used for identification procedures and crimes when opening mobile phones and bankbooks. Next, the follow-up measures are ① The National Assembly should strengthen criminal punishment through the revision of the criminal law so that fraudulent crimes are not considered “remaining business,” so that potential criminals do not only prevent crime but also lead to crime. ② When a crime damage report is received, the investigative agency should obtain a real-time communication warrant so that the criminal can be located and arrested. ③ The National Assembly should unify the request for a search warrant from the police to the court so that investigative agencies can obtain warrants early and confiscate mobile phones and bank accounts. ④ The Ministry of Justice should establish a law enforcement agency dedicated to fraud so that it can arrest criminals and prevent crimes by securing expertise and giving investigative power superior to criminal methods. ⑤ The National Assembly should enact a law on suspension of withdrawal to prevent withdrawal when a financial institution requests the suspension of withdrawal, knowing that the investor is a fraud. These countermeasures will be a great driving force in preventing fraudulent crimes.