금투자사기에 대한 대책으로서 탐정의 필요성과 역할 활성화 방안

초록

A gold investment fraud crime is a major financial crime that destroys the safe economic life of common people and the peace of families and must be eradicated. Gold investment fraud lures common people wishing for a safe investment in an unstable economy with gold which is relatively a risk-free asset. This intellectual crime involves crafty methods, repeats itself, causes huge damage over a long period, and expands to target even people around victims. Gold investment fraudsters commit a crime in a point organization at each stage in case their victims recognize a crime and report it to an investigative agency. Even when they are caught by an investigative agency, they protect their goldwork factory as the core of their crime organization. Even sellers deny their crime by saying that they were unaware of the crime due to a consignment transaction. The concerned agencies and investigative agencies manage, supervise, and punish acts of forging a seal of a renowned company and distributing products whose gold content is not accurate based on fraud provisions under the Criminal code, the Act on the Fairness of Representation and Advertisement, and the Trademark Act. However, it is not easy to examine gold content right due to the characteristics of gold investment. In most cases of gold investment fraud, victims can hardly recognize a criminal fact as it happens in the form of long-term investment. Moreover, it is virtually impossible to examine gold content even when victims raise suspicion about gold investment fraud. Investigative agencies have a difficult time investigating gold investment fraud cases due to obstacles to uncovering one and collecting evidence. This study critically examined the current acts and investigative systems by reviewing the types and reality of gold investment fraud crimes and specifically searched for measures to reinforce the roles of detectives in the prevention and exposure of gold investment fraud crimes. The study proposed to cultivate specialized detectives, establish a hotline among detectives, promote cooperation between detectives and investigative agencies and concerned industries, and enhance the regulations and knowledge about gold investment fraud.

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