| 摘要: | 為探究目前電信詐騙犯罪氾濫之嚴重程度，本文以全球治理之觀點來探討公部門、私部門及第三部門在我國防制電信詐騙執行策略中分別在預防、偵查、緝捕及整合等四大面向所遭遇之主要困境有哪些？各部門解決途徑之策略、角色及協力又為何？以建構跨部門合作機制之電信詐騙犯罪防制策略作為，並將之具體展現出來。因此，本文採用情境犯罪預防理論、全球治理理論及系統理論等研究途徑，並輔以文獻分析、深度訪談及個案分析等研究方法，試圖探索我國警方執行電信詐騙犯罪防制策略時所遭遇之各種主要困境。藉此了解目前電信詐騙犯罪防制策略可能產生之疏漏，俾進一步思考電信詐騙犯罪防制策略變革之必要性與補救措施，從而建立防制電信詐騙犯罪之具體可行模式。
本研究主要發現計有下列數項：ㄧ、預防面向：1）詐騙案件起訴率和判決刑度低，以及行政檢查力道不足，未能發揮嚇阻的功能，是造成電信詐騙犯罪持續發生的心理誘因；2）預防詐騙宣導經費不足、宣導方式無法吸引民眾及金融機構聯防機制不足，是造成民眾防詐意識嚴重不足的主因；3）缺乏快速聯防機制，銀行資金凍結和相關資訊查詢不能快速便捷，成為電信詐騙防範的嚴重缺口；4）行業監管不落實確實與個資外洩、預付卡及信用卡發放不夠嚴謹、網路電話和遊戲點數成為詐騙犯罪的工具，具有因果關係。二、偵查面向：1）金融機構反洗錢可疑交易報案線索及境外竄改電話號碼，嚴重影響電信詐騙犯罪偵查之啟動；2）網路高科技、多元洗錢管道、虛擬帳戶及詐騙集團採分級管理，成為犯罪情資蒐集與判讀障礙的重要因素；3）通訊監察聲請不易及偵查人員對於詐騙集團之犯罪手法、犯罪工具不熟悉，導致偵查工作遭遇瓶頸；4）各地法制與司法主張差異、兩岸司法互助議的法律屬性不明及兩岸警方仍未完全建立官方直接聯繫渠道，係造成妨礙電信詐騙犯罪現場偵查之主要因素。三、緝捕面向：1）跨境犯案及犯罪分工細密，係造成查緝嫌犯只能緝到車手，無法緝獲高層或核心人員，成為電信詐騙犯罪「屢打不絕」蔓延國際的主因；2）兩岸的政治因素影響實為現行查緝打擊電信詐騙犯罪最大的障礙。四、整合面向：1）主權、法律程序、語言、社為風氣及兩岸關係，成為不同國家(區域)偵查機關之間合作障礙的癥結所在；2）績效管轄、業務職掌及追求的目標差異是造成不同偵查機關之間、政府不同部門之間及政府與業者之間協作存在障礙的主要因素。
To explore the current severity of crime proliferation regarding telecom fraud , this paper will, with the perspective of global governance, look into the primary dilemma encountered by the public sector, private sector, and the third sector of our country with its implementation strategy in prevention against telecom fraud by our law-enforcement authorities in four major aspects as prevention, investigation, arrest, and. integration What are the tactic, role-play, and cooperation by each of the department as they work to resolve such dilemma? With results obtained, they should help to construct the mechanism of cross-departmental cooperation against telecom fraud and crime prevention strategy so that cooperation measures can be realized in specific terms. As such, this paper will adopt research methods such as situational crime prevention, global governance, and system theory as supplemented by literature analysis, in-depth interviews and case analysis and others so as to view about dilemma encountered by our police when they implement telecom fraud and crime prevention strategies. The main purpose of these efforts is to appreciate possible omissions in current telecom fraud and crime prevention strategy as law-enforcement authorities further consider the necessity and remedial measures to reform telecom fraud and crime prevention strategy so that a specific and feasible model of crime prevention can be established against telecom fraud.
The primary findings of this study are found as follows; first: aspect of prevention: 1) prosecution rate and penalty against fraud cases being low, while the force by the administrative inspection power is lacking, so that they fail to play the role of deterrence, which is considered the psychological inducement of persisting telecom fraud; 2) insufficient funding to carry out publicity against fraud prevention, while measures of advertising methods can hardly attract people to have further understanding about it, and financial institutions do not have joint prevention mechanisms, which are reckoned as the primary reasons that result in the public from insufficient awareness against fraud; 3) lack of joint prevention mechanism, freeze of bank funding , and inquiry of related information are not fast enough and they turn to become a serious gap in telecom fraud prevention; 4) measures in trade supervision are not implemented, with leakage of individual information and loose issuance of prepaid cards and credit card, in addition to network phone and game points, which all have turned out to become tools of fraud crimes and resulted in an cause-effect relationship to fraud crime. Second, aspect of investigation: 1) report clue of suspicious transaction regarding anti-money laundering by financial institutes as well as overseas tampering of phone numbers, which have seriously affected the initiation of investigation against crime of telecom fraud; 2) network high-tech, diversified money laundering, virtual accounts, and graded management by fraud group, which have become the critical elements for collecting crime intelligence as well as interpretation barrier; 3) it is difficult to have obtained permission for monitoring, while investigators are unfamiliar with criminal techniques and criminal tools of the fraud group, leading to bottlenecks in investigation work; 4) differences in legal systems and judicial opinions, legal attributes of cross-strait justice cooperation protocol being unclear, and no direct and official contact has been established between cross-strait police, which are the primary factors that hinder investigation of crime scenes against telecom fraud. Third, .aspect of arrest: 1) because of cross-border crime and fine division of labor, it ends up that suspects arrested are but the middleman, while high-level or core personnel are not. As such, it turns out to be the main reason why crimes of telecomm fraud crimes have "continuously spread" internationally; 2) political factor cross-strait has turned out to be the biggest obstacle against current investigation cracking down on crimes against telecomm fraud. Fourth, aspect of integration: 1) sovereignty, legal procedures, language, social custom, and cross-strait relations have become the crux of barriers to cooperation between investigative agencies in different countries (regions); 2) differences in performance jurisdiction, areas of competent authorities , and difference of pursuit goals are the primary factors that have brought about obstacles to cooperation between different investigative agencies, between different government departments, and between government and the trade |
