本土化電信詐欺犯罪利益及風險之實證研究

The Research on Benefits and Risks of Domestic Telecommunications Fraud Crime

綜觀臺灣社會自1980年代末期起，原本民風純樸的農業社會，因經濟發展起飛，遂漸發展為工商業社會，然也因經濟蓬勃發展盛況，逐漸造成貧富差距增加，於此同時，電信詐欺之經濟犯罪案件數量及遭詐騙金額急遽飛昇，2006年被害財損甚至高達185.9億元，驚人且高踞不下的犯罪統計數據引起國民恐慌，亦使政府相關機關投注高度重視及因應政策，然電信詐欺集團不斷愈發成熟，專業化、組織化、企業化的大規模發展，甚至目前跨國境化的電信詐欺集團組織已儼然發展成形，重創國內經濟秩序、金融體系，同時亦嚴重損及國民對於政府之威嚴與信任感，更是危害我國法律在國際社會間的專業形象之重大威脅。本文以質性實證進行研究，訪談對象為目前尚在各監獄內服刑之經驗豐富詐欺犯受刑人，運用立意取樣方式，針對11名有意願參與研究之對象為樣本，探討電信詐欺犯罪人之犯罪經歷、各犯罪情境之抉擇歷程，並針對犯罪人之「生命脈絡與背景」、「犯罪動機與詐騙手法」、「犯罪後態度」、「風險與利潤相權衡之看法」等四大面向加以探討，比較各犯罪人所獲取犯罪利益與所處犯罪風險，以期剖析電信詐欺犯罪整體過程與架構，並發掘目前國內法律對於電信詐欺犯罪的制裁力度及司法偵查困境。 Since the late 1980s Taiwan, the agricultural society was simple in folkways originally, and the economic development takes off, and developed into industrial and commercial society gradually. According to the official statistics of the Directorate-general of Budget, accounting and statisics, Executive Yuan, R.O.C. (Taiwan) opinion, in the late 1980s there was presented that “Corporate profits declined, and people pay rose”, and also owing to the national economy maintained good momentum of development, resulting in increased inequality gradually. At the same time, the number of telecommunications fraud cases of economic crime and the amount of people defrauded was sharply soaring. According to National police agency statistics, the amount of property loss peaked at 18.5 billion and 90 million NT dollars, the amazing and persistently high crime statistics, would inevitably lead to a national panic, so the Government relevant authorities attaches great importance and make policy for responses. But the telecommunications fraud group grows mature, professional, organized, large-scale enterprise development, even the organizations of cross-border telecommunications fraud group have formed, arrogance hypertonic, severe malignant fraud offenses, hit a deep domestic economic order and financial system, and it is a extremely dangeours to the majesty and sense of trust of Government, and it is also a major threat to the image of our country legal profession in the international community. This study used qualitative research methods and based on in-depth interview, and supplemented by literature review and research methods of official secondary data analysis. The selected interviewees of this study are the inmates and rich of fraud crime experience still in the domestic prison. The researcher of this study spend time to look up a large number of perpetrators of telecommunications fraud and other criminal recordprevious convictions of them. And use the method of purposive sampling, selecting 11 people are willing to participate in the research study. To research the telecommunications fraud perpetrators of their crime experience, choice of course for each crime situation in-depth exploration. Mainly for the perpetrators of their 'Family and Education', 'Motivation and Manipulation', 'The arrested attitude'. Based on these three directions to explore and compare the crimers which benefits they acquired and what risk they exposured. And supplemented by the researchers himselves Criminal Police work experience, to expect to analyze the telecommunications fraud crime overall process and structure, and explore domestic laws making what punish for the telecommunications fraud criminal and the dilemma that domestic judicial official face to. In summary, the researcher collecte related crime statistics, and analysis the interview note with telecommunications fraud perpetrators. Based on situational crime prevention and other related theory, to prove and explain the appearance of telecommunications fraud crime. Expect to achieve the crime prevention and also the final goal of criminology, and do all my bit for judicial investigation in response.