암호화폐를 대상으로 한 금융범죄의 수사와 범죄결과물의 압류 및 몰수 집행절차의 특이점

Abstract

What is value? In short, value is an abstract concept that allows humans to do something more easily, transcending time and space. For example, a dollar is a very simple symbol of doing something specific in the past. Doing a certain task means that it requires a certain amount of energy and other resources. Therefore, what was taken then must be able to be converted into something else in the future. In this case, it is necessary that it be socially recognized as a means of exchange with relative value. For example, money is a means of expressing yourself and your efforts in relation to the efforts of others. If someone know that currency is a non-essential and abstract concept, he/she can express it in code on the Internet. This will be a cryptocurrency. As switching costs continue to fall, we believe that a single currency unit will be able to express value in a way that does not have significant implications for how the network is constrained by supply and demand. It can be said that virtual currency is a field that is very difficult to capture as a legal system as it is changing rapidly due to the rapid development of financial means in addition to electronic technology. Meanwhile, with regard to virtual currency, problems that need to be solved in various aspects are being presented, such as problems in the aspect of financial law because it is a payment method or financial product, and problems in the aspect of information law because it is an electronic entity. One of the challenges is the issue of compulsory execution of virtual currency. In other words, for example, if a default occurs in a transaction using virtual currency as a means of payment or the object of the transaction, a compulsory execution procedure may develop with a claim for damages as an execution claim. In such cases, the first step in executing money is to seize cryptocurrency, and the problem arises as to how to seize cryptocurrency, which, as the name suggests, is a virtual or electronic entity. Regarding this, even though the court issued an order to seize the virtual currency of the virtual currency account, there are cases where virtual currency exchange companies do not respond, saying that freezing the account is technically difficult and that the risk of double payment cannot be avoided, making enforcement difficult. (Double payment risk cannot be avoided). Accordingly, in criminal cases, the police confiscates virtual currency equivalent to a portion of the parking fines from those who have delinquent parking fines. Of course, compulsory execution in civil cases and confiscation procedures in criminal cases are separate, so they cannot be simply compared. However, if seizure through compulsory execution procedures becomes impossible in civil cases, a loophole will arise in the law that converts assets into virtual currency to avoid compulsory execution, and may further undermine the effectiveness of civil trial procedures. Therefore, in this paper, I examine the possibility and essential aspects of compulsory execution targeting virtual currencies, and also review the future prospects.