電信詐欺犯罪運作歷程及其查緝因應策略之研究

• Main Author: 邱佩俞
• Other Authors: 蔡田木、林豐裕
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/xbsezv

博士 === 中央警察大學 === 犯罪防治研究所 === 100 === ABSTRACT Fraudulent organizations have begun to utilize the money saving system on the Internet to change Caller ID and to send fraud calls by offshore calling model, since NCC granted to license Type II telecommunications operators that provided services, and it really does increase the challenge of IP location and the difficulties of investigation. This dissertation was based on the phenomenological content analysis and used the literature review and in-depth interviews to conduct the research. Through purposive sampling and snowball sampling, the scopes of interviewees were chosen from 4 types of groups, which are: criminals, field agents and technical staff members, NCC officers, Type I telecommunications operators and Type II telecommunications operators. Firstly, from criminals' point of view, to analyze the criminal process, to discuss the factors to stop them from committing crime; secondly, from field agents and technical staff members' point of view, to analyze the investigative process of conducting the electronic surveillance, to discuss the difficulties of IP location and the challenge of transnational telecommunications fraud crime-fighting; thirdly, from NCC officers and telecommunications operators' point of view, to analyze the problems of supervising telecommunications mechanism, to discuss the conflicts between obeying legal rules and carrying on telecommunications business. Since NCC granted to license Type II telecommunications operators that provided services, manpower shortage and work overloaded makes NCC could not conduct the supervising telecommunications mechanism efficiently, what is more, for the reason of profit-making, some Type II telecommunications operators and Internet value-added services providers have become accomplices to help fraudulent organizations sending fraud calls. The findings and suggestions are divided into three sections as following: I. For the criminal process This dissertation shows that the criminal do believe commit a crime is worthwhile based on Rational Choice Theory. Therefore, suggestions to suppress the criminal process are as following: (I) to increase the effort by conducting crime prevention propaganda; (II) to increase the risks by building ID checking mechanism and real-time warning system; (III) to reduce the rewards by rising the criminal charge; (IV) to reduce provocations by purifying society through the mass media. II. For the investigative strategies This dissertation shows that fraudulent organizations choose to use the real-time communication software to send fraud calls; it increases the difficulties of identifying the access points and IP location. Therefore, suggestions to improve the investigative strategies are as following: (I) to enhance the energy of law enforcement by promoting transnational police co-operation mechanism; (II) to strengthen the investigative techniques by building detection expert system and developing IP location mechanism; (III) to execute the on-job training by cultivating and incorporating the right man in the right place. III. For the supervising telecommunications mechanism This dissertation shows that Type II telecommunications operators and Internet value-added services providers are springing up since NCC granted to license Type II telecommunications operators that provided services, for the reason of running a business, some telecommunications operators choose to stay in the gray area and have gradually become accomplices to help fraudulent organizations sending fraud calls. Therefore, suggestions to strengthen the supervising telecommunications mechanism are as following: (I) to integrate the government departments to enlarge the supervising telecommunications; (II) to strengthen the frequency of Type II telecommunications operators and improving the supervising telecommunications mechanism; (III) to regulate the Internet industry competent authority and prompting the data retention legislation. Keywords：telecommunications fraud, criminal process, digital convergence, data retention, Type II telecommunications enterprises.