본문 바로가기
KERD
논문KCI 등재

가상화폐와 몰수

Virtual currency and confiscation

2

조회

0

다운로드

1

인용

0

참고문헌

키워드

주제분류컴퓨터학

초록

This study focuses on the legal concept of virtual money, focusing on the case of how we can change the framework of fixed thinking about our trade concept and money with the fourth industrial revolution. The legal character of the virtual money, which played a role as a means of trading in crime, could be discussed, and the court could put it in the category of " property " as a subject of confiscation. Many people are expressing empathy for the fact that there will be many traits in the future world that are difficult to predict. At this side, when the legal validity of the advantage is not recognized as the legal money yet to be recognized as the legal currency, it begins to be discussed as a necessary means of trading between individuals, businesses and individuals. Defining a legal character can be very significant in determining policy direction related to future operations of virtual money. But to date, it is very difficult to establish the legal character of virtual money through existing legislation. Therefore, as we looked at in this case, we examined whether the property was subject to the seizure of the profits from the crime. Attention was also given to the possibility of such abuse of virtual money and whether effective legal interpretation was possible for the categories of assets subject to seizure.

Abstract

This study focuses on the legal concept of virtual money, focusing on the case of how we can change the framework of fixed thinking about our trade concept and money with the fourth industrial revolution. The legal character of the virtual money, which played a role as a means of trading in crime, could be discussed, and the court could put it in the category of " property " as a subject of confiscation. Many people are expressing empathy for the fact that there will be many traits in the future world that are difficult to predict. At this side, when the legal validity of the advantage is not recognized as the legal money yet to be recognized as the legal currency, it begins to be discussed as a necessary means of trading between individuals, businesses and individuals. Defining a legal character can be very significant in determining policy direction related to future operations of virtual money. But to date, it is very difficult to establish the legal character of virtual money through existing legislation. Therefore, as we looked at in this case, we examined whether the property was subject to the seizure of the profits from the crime. Attention was also given to the possibility of such abuse of virtual money and whether effective legal interpretation was possible for the categories of assets subject to seizure.

참고문헌 (15)

  1. "Suwon District Court Decision of January 1, 2018 Decision No 2017 No 7120", ~ (2018)
  2. 황석진, "가상화폐의 악용사례와 법적 대응방안에 관한 고찰", 한국산학기술학회논문지, 19(2), pp.585~594 (2018), 한국산학기술학회[DOI]
  3. Kwon Young-joon, "November, 1994 issue (circulation 453)", ~ (1994)
  4. Bae Jong Dae, "General Criminal Law" (2016), Hongmunsa
  5. Bae Jong Dae, "General Criminal Law" (2016)
  6. "Virtual Money Crime Prepared by Prosecutors", Maeil Business, ~ (2018)
  7. "Ransomware rushes to virtual money hike in the outbreak, electronic newspaper", ~ (2017)
  8. "Supreme Court, 2004. 5. 28. 2004 Do 1442", ~ (2004)
  9. 김혜경, "형법개정안상 공소제기 없는 몰수의 해석과 집행절차에 관한 연구 - 법적 성격과 적용범위를 중심으로 -", 형사정책연구, 26(2), pp.59~94 (2015), 한국형사법무정책연구원
  10. Lee, Jae-Sang, "General Criminal Law" (2014), Park Young-sa
  11. Park Sang-ki, "General Criminal Law" (2012), Park Young-sa
  12. Yang Hyung-woo, "Introduction to Civil Law" (2015), PNC Media
  13. European Banking Authority, "EBA Opinion on 'Virtual currencies'" (2014)
  14. Winfried Hassemer, "Symbolisches Strafrecht und Rechtsguterschutz" (1989)
  15. Lee, Yong Sik, "Protecting Legal Advices and Active General Prevention in Risky Societies", Criminal Policy, 13(1) (2001), Korea Criminal PolicyInstitute

관련 논문AI추천

이 간행물의 다른 논문 (9건)