銀行法違法吸金罪實務問題之研究

A Study on the Practice of Illegal Deposit Taking in the Banking Act overview A Study on the Practice of Illegal Deposit Taking in the Banking Act

為了規範以高利吸收公眾資金行為，銀行法訂有嚴厲的刑罰，實務亦將之歸類為重大經濟犯罪案件。儘管此種行為易於造成公眾財產損害，實務上案例甚多，惟學理上對此幾無研究，實務見解的妥當性亦乏查考。對此，本文考察國內實務爭議之見解，藉由日本類似的立法及學說、實務見解之比較，試由刑法學理研究其妥當性。

The banking act provides harsh penalties for governing the illegal fundraising activities which promise high returns and practically classified as serious economic crime. Despite the fact that the illegal deposit fundraising activities lead to public asset impairments and there are so many  schemes on record, there is hardly  any related academic research, and the rightness of the practical opinions is yet to be examined. This study observes the disputes come from demestic practice, and tries to research their rightness by making a comparative study on the similar laws ,theories,and practical opinions in japan.