전기통신금융사기의 방지를 위한 법정책적 고찰 (A Study on the Legal Policy for the Prevention of Telecommunications-Based Financial Fraud)

서지정보

· 발행기관 : 한양법학회
· 수록지 정보 : 한양법학 / 29권 / 1호 / 113 ~ 150페이지
· 저자명 : 박철호, 윤창술

초록

Telecommunications-based financial fraud has caused tremendous damage to the financial life of Korea since the early 2000s. The initial method of crime of telecommunications-based financial fraud criminals was voice Phishing, but later developed into Pharming, Memory Hacking and Smishing. Recently, it has become difficult to commit such crimes because of the government’s and financial institutions’ efforts to promote crime prevention. Scammers have developed their own techniques and used Qshing and the Obscene Video Chat Phishing, in which the criminal seduces others to find their flaws and exploit them to steal money.
According to the National Police Agency statistics, a total of 6,227 telecommunication-based financial fraud (Phishing, Pharming, Smishing, Memory Hacking, and Obscene Video Chat Phishing) incidents occurred solely in the year of 2016, and the total amount of financial damage was more than 27.4 billion won. However, considering the cases of undeclared crimes, such as incidents or financial damage that are not reported in the statistics of the National Police Agency, it is estimated that the extent of damage will be much greater than stated by the police statistics.
The Financial Services Commission, the National Police Agency, and the Financial Company have continually worked to minimize these damages. The government and the National Assembly have adopted 「Digital Signature Act」, 「Electronic Financial Transaction Act」, 「Act on the Promotion of Information and Communications Network Utilization and Information Protection, etc」, 「Personal Information Protection Act」, and 「Special Act on the Prevention of Losses Caused by Telecommunications-Based Financial Fraud and Refund for Loss」. They have tried to prevent telecommunications-based financial fraud by utilizing these legal safeguards. The police have operated 112 centers to try to help victims of voice phishing. Financial institutions and companies have strengthened the security regarding the issuance and reissuance of public key certificates. They used a system that delayed ATM withdrawals for a certain amount of time. They also tried to prevent the occurrence of borrowed or stolen accounts that are being exploited as a major means of committing telecommunications-based financial fraud.
Despite these efforts, telecommunications-based financial fraud has not been blocked, and the damage still remains. Therefore, fundamental examination and revision of the countermeasures against telecommunications-based financial fraud is necessary.
The IP address tampering through borrowed or stolen accounts or VPNs should be continuously regulated to prevent telecommunications-based financial frauds. The laws related to telecommunication-based financial fraud should be revised to establish systematic regulatory bases. In addition, it is necessary to create a system that can detect the occurrence of such crime in advance. And it is necessary to create a unified organization responsible for telecommunication-based financial fraud that can effectively carry out such fraud prevention tasks. As a legal device to aid the victims in the aftermath, it is also necessary to create funds for the victim's relief and to activate insurance systems.
These policies are not perfect countermeasures against telecommunications-based financial fraud. This is because, based on how the methods of telecommunications-based financial fraud has evolved over the past decade, no one can predict how such methods will evolve and how the degree of damage will change.

영어초록

Telecommunications-based financial fraud has caused tremendous damage to the financial life of Korea since the early 2000s. The initial method of crime of telecommunications-based financial fraud criminals was voice Phishing, but later developed into Pharming, Memory Hacking and Smishing. Recently, it has become difficult to commit such crimes because of the government’s and financial institutions’ efforts to promote crime prevention. Scammers have developed their own techniques and used Qshing and the Obscene Video Chat Phishing, in which the criminal seduces others to find their flaws and exploit them to steal money.
According to the National Police Agency statistics, a total of 6,227 telecommunication-based financial fraud (Phishing, Pharming, Smishing, Memory Hacking, and Obscene Video Chat Phishing) incidents occurred solely in the year of 2016, and the total amount of financial damage was more than 27.4 billion won. However, considering the cases of undeclared crimes, such as incidents or financial damage that are not reported in the statistics of the National Police Agency, it is estimated that the extent of damage will be much greater than stated by the police statistics.
The Financial Services Commission, the National Police Agency, and the Financial Company have continually worked to minimize these damages. The government and the National Assembly have adopted 「Digital Signature Act」, 「Electronic Financial Transaction Act」, 「Act on the Promotion of Information and Communications Network Utilization and Information Protection, etc」, 「Personal Information Protection Act」, and 「Special Act on the Prevention of Losses Caused by Telecommunications-Based Financial Fraud and Refund for Loss」. They have tried to prevent telecommunications-based financial fraud by utilizing these legal safeguards. The police have operated 112 centers to try to help victims of voice phishing. Financial institutions and companies have strengthened the security regarding the issuance and reissuance of public key certificates. They used a system that delayed ATM withdrawals for a certain amount of time. They also tried to prevent the occurrence of borrowed or stolen accounts that are being exploited as a major means of committing telecommunications-based financial fraud.
Despite these efforts, telecommunications-based financial fraud has not been blocked, and the damage still remains. Therefore, fundamental examination and revision of the countermeasures against telecommunications-based financial fraud is necessary.
The IP address tampering through borrowed or stolen accounts or VPNs should be continuously regulated to prevent telecommunications-based financial frauds. The laws related to telecommunication-based financial fraud should be revised to establish systematic regulatory bases. In addition, it is necessary to create a system that can detect the occurrence of such crime in advance. And it is necessary to create a unified organization responsible for telecommunication-based financial fraud that can effectively carry out such fraud prevention tasks. As a legal device to aid the victims in the aftermath, it is also necessary to create funds for the victim's relief and to activate insurance systems.
These policies are not perfect countermeasures against telecommunications-based financial fraud. This is because, based on how the methods of telecommunications-based financial fraud has evolved over the past decade, no one can predict how such methods will evolve and how the degree of damage will change.

참고자료

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