민생침해범죄 동향과 정책대안 구축(II)

국문요약 ······················································································ 1
제1장 강은영
서 론 ························································································· 31
제1절 연구의 필요성과 목적 ·································································33
1. 연구의 필요성 ···················································································33
2. 연구의 목적 ······················································································35
제2절 연구내용과 연구방법 ···································································36
1. 민생침해 금융범죄의 범위 ································································36
2. 연구의 내용과 방법 ··········································································38
제2장 강은영
민생침해 금융범죄의 발생 및 단속 동향 ····························41
제1절 주요 민생침해 금융범죄의 공식통계상 발생 동향 ······················43
1. 「자본시장과 금융투자업에 관한 법률」 위반 사건 발생 동향 ··········44
2. 「방문판매 등에 관한 법률」 위반 사건 발생 동향 ···························49
3. 「대부업 등의 등록 및 금융이용자 보호에 관한 법률」 위반 사건
발생 동향 ·························································································55
4. 「유사수신행위의 규제에 관한 법률」 위반 사건 발생 동향 ·············61
제2절 민생침해 금융범죄 단속 동향 ···················································67
1. 경찰의 민생침해 금융범죄 단속 현황 ··············································67
2. 경찰청의 민생침해 금융범죄 집중단속 사례(보도자료) ····················68
제3장 홍영오
민생침해 금융범죄의 특성: 판결문 조사 ···························71
제1절 판결문 조사 방법과 내용 ····························································73
1. 판결문 조사 방법 ·············································································73
2. 판결문 조사지 구성 및 조사 항목 선정 ··········································76
제2절 불공정거래행위 ············································································93
1. 사건 및 처분 관련 특성 ···································································93
2. 피고인, 범죄행위 및 피해 관련 특성 ············································103
3. 피해자 및 피해 회복/합의 관련 특성 ············································110
제3절 불법다단계 ················································································112
1. 사건 및 처분 관련 특성 ································································112
2. 피고인, 범죄행위 및 피해 관련 특성 ············································119
3. 피해자 및 피해 회복/합의 관련 특성 ············································129
제4절 불법사금융 ················································································131
1. 사건 및 처분 관련 특성 ································································131
2. 피고인, 범죄행위 및 피해 관련 특성 ············································139
3. 피해자 및 피해 회복/합의 관련 특성 ············································150
제5절 불법투자업체 운영 등 ·······························································152
1. 사건 및 처분 관련 특성 ································································152
2. 피고인, 범죄행위 및 피해 관련 특성 ············································160
3. 피해자 및 피해 회복/합의 관련 특성 ··········································169
제6절 유사수신행위 ·············································································172
1. 사건 및 처분 관련 특성 ································································172
2. 피고인, 범죄행위 및 피해 관련 특성 ············································179
3. 피해자 및 피해 회복/합의 관련 특성 ············································187
제7절 소결 ··························································································189
1. 민생침해 금융범죄 유형별 분석결과 요약 ···································189
2. 민생침해 금융범죄 유형별 비교 ···················································196
제4장 서준배
민생침해 금융범죄 정책평가: 전문가 조사 ·····················199
제1절 전문가 조사 개요 ······································································201
1. 연구설계 및 연구방법론 ·································································201
2. 연구 대상 및 표본 구성 ································································202
3. 자료수집 방법 및 질문지 구성 ······················································203
4. 자료 분석 절차 ··············································································206
제2절 수사정책 그룹 분석 ··································································207
1. 민생침해 금융범죄의 현황과 특징 분석 ·········································207
2. 수사상의 주요 한계 분석 ·······························································209
3. 정책적 개선 방안 ···········································································211
제3절 수사단속 그룹 분석 ··································································214
1. 금융범죄 환경의 변화 분석 ····························································214
2. 수사상 구조적 장애요인 ·································································215
3. 증거 수집의 어려움 ········································································217
4. 처벌의 실효성 부재 ········································································218
5. 금융범죄 예방교육의 가능성 ··························································219
제4절 피해자 보호 그룹 분석 ·····························································221
1. 서민금융진흥원의 역할과 업무 범위 ··············································221
2. 불법사금융 피해자 특성과 변화 양상 ············································222
3. 현행 제도의 한계와 문제점 ····························································223
4. 제도 개선을 위한 제언 ··································································225
5. 논의 및 소결 ··················································································227
제5절 금융정책 및 감독 그룹 분석 ····················································228
1. 대부업법 개정의 성과와 정책 효과의 이중성 ································228
2. 감독 권한과 수사 권한의 구조적 경계 ··········································230
3. 지자체 등록 대부업체 관리의 구조적 공백 ···································231
4. 디지털 광고 차단의 실효성과 한계 ···············································234
5. 피해자 구제 제도의 성과와 과제 ···················································235
6. 기관 간 협력체계의 필요성과 현실 ···············································236
7. 논의 및 소결 ··················································································237
제6절 금융연구자 그룹 분석 ·······························································239
1. 대부업법 개정의 성과와 한계 ························································239
2. 불법사금융의 구조적 특성 ·····························································240
3. 타인 명의 활용과 온라인 회피 기법 ·············································240
4. 단속ㆍ수사ㆍ처벌 체계의 한계 ······················································241
5. 처벌강화 및 수요적 측면의 접근, 사회문화 개선의 필요성 ··········242
6. 논의 및 소결 ··················································································243
제7절 종합분석 ····················································································245
1. 민생침해 금융범죄의 현황과 특징에 대한 종합분석 ······················245
2. 수사 및 단속상의 구조적 한계에 대한 비교분석 ···························246
3. 조직 간 협력 및 역할 분담에 대한 비교분석 ·······························247
4. 처벌 및 제재 강화에 대한 비교분석 ·············································249
5. 근본적 해결방안에 대한 그룹별 제언 비교 ···································250
6. 정책 효과 평가에 대한 그룹별 견해 ·············································251
7. 종합 및 정책적 시사점 ··································································252
8. 소결 ································································································254
제5장 서준배, 홍영오, 강은영
민생침해 금융범죄 대응 정책과 개선 방향 ·····················257
제1절 민생침해 금융범죄 대응 제도 및 정책 동향 ····························259
1. 민생침해 금융범죄 관련 법과 제도 ···············································259
2. 민생침해 금융범죄에 대한 범정부 대응정책 추진 현황과 성과 ···· 279
3. 반사회적 대부계약 무효화 등 대부업법 개정 주요 내용과 의의 ·· 283
제2절 민생침해 금융범죄 정책 개선 방향 ··········································291
1. 기관 간 긴밀한 정보공유와 협력체계 구축 ···································291
2. 국가적 컨트롤 타워의 필요성 ························································297
3. 민생침해 금융범죄에 대한 처벌 형량 강화 ···································300
4. 대부업법 개정과 향후 발전 방향 ···················································304
5. 실효성 있는 법제도 개선을 위한 제언 ··········································312
참고문헌 ···············································································315
Abstract ···············································································323
부록 1 : 판결문 기록 조사지 ·············································327
부록 2 : 전문가 조사지 ······················································343