사이버 범죄 피해 가상화폐의 환수ㆍ환부 절차 연구

Abstract

In this paper, .... This study is about the redemption and restoration of cybercrime-damaged cryptocurrency. Recently, cryptocurrency has become widely used throughout society, and interest in cryptocurrency has been increasing as prices have risen significantly. In addition, cybercrimes targeting virtual currencies are occurring, such as crimes that hack into the exchanges to take away virtual currencies. Once the cryptocurrency exchange hacking incident occurs, it is a crime that has a huge social ripple effect. And this is not just a problem for South Korea. It is important to arrest suspects who committed such hacking crimes, but it is also very important to recover leaked cryptocurrencies and return them to the victims in terms of protecting the victims. However, laws that is required to recover or return of criminal proceeds from the current legal system are not suitable for the recovery or return of cybercrime-damaged cryptocurrency. It is common procedure to recover criminal profits hidden overseas through international cooperation in criminal justice after being forfeited. In addition, it is only possible in cases of embezzlement, breach of trust or fraud that is commited through criminal organization, telecommunications-based financial fraud, multi-level marketing. However, since cryptocurrency is not subject to confiscation under CRIMINAL ACT, it is necessary to identify a confiscation special law that includes property as subject of confiscation. However, hacking, which is a typical cyber crime, is not a target crime under the Special Act on confiscation, nor is it a target crime under the Act related to return. The National Police Agency recently recovered about 4.5 billion won worth of cryptocurrency from overseas exchanges in Latin America, which was stolen from domestic exchanges by an anonymous hacker. This case is meaningful as Korea's first case of recovering virtual assets affected by cyber crimes. Looking at the case, it seems that the remittance of cryptocurrency was received in the form of voluntary submission, and the refund has yet to be made. From the victim's point of view, it may or may not be possible to recover depending on the type of property or crime. In the future, it would be desirable to extend criminal confiscation from goods to property. And it would be desirable to expand the crimes covered by the ACT ON SPECIAL CASES CONCERNING THE CONFISCATION AND RETURN OF PROPERTY ACQUIRED THROUGH CORRUPT PRACTICES(Return) to include cyber crimes such as hacking.