가상화폐 관련 형사법적 문제에 관한 고찰

초록

While the international community was bustling with that Kim Jong-nam was recently killed, Kim Han-Sol(Kim Jong-Nam's son) said in an internet video that he was alive. At the same time, ‘Cheollima Civil Defense’ which claims to be a sponsoring organization appeared in the video image, and this organization raises supporting funds as Bitcoin to protect Kim Han-Sol and his family, so a matter of common interest in virtual currency is rising again. Nowadays, Ransomware hacking tool is required to Bitcoin. In this paper, we propose a solution to the problem of virtual currency, especially Bitcoin, which is based on its usefulness and the possibility of occurrence of various crimes such as fraud, gambling, tax evasion, terrorism caused by it and the measures to cope with it. The value of virtual currency, such as Bitcoin, will be set in proportion to the Korean Won. So, if virtual currency is limited to domestic market, it will have little impact on monetary policy. But, if the volume of transactions of virtual currency circulated only in the country increase or decrease dramatically because of a change in situation at home and abroad, the value of money in the country may fluctuate accordingly. Therefore, if virtual money is formally recognized and circulated in earnest, the financial authorities such as the Bank of Korea should manage virtual currency transactions in a similar way to foreign exchange management. In order to do this, it is necessary to understand the volume and situation of virtual currency traded in the country through the integrated Currency Exchange. However, it will not be easy to guarantee the effectiveness of such regulation because it will have to rely on voluntary reporting by the trading entity without an intermediary such as a financial institution. The best method of supervision is to develop and circulate domestic only virtual currency led by monetary authorities. But it is not suitable to the autonomous nature of virtual currency, and it is hard to be sure that the government-initiated virtual currency will be operated well on the nature of currency which has crucial function to distribute in the world. For the purpose of securing the trustworthiness of virtual currency, it is possible for the officials of the World Financial Authority to agree to create a public virtual currency or to designate some virtual currencies based on the smoothness of the transaction and distribution among the virtual currencies currently being traded, but it is difficult to develop heated discussion at this time. Consequently, what can be discussed now is the issue of establishing a dedicated department composed of experts who can identify and monitor the transaction status of virtual currency to the financial authorities and who can propose the prosecution to the investigating authorities based on their findings. Government authorities must consider the benefits and losses of the regulation in excluding or limiting certain financial transactions based on virtual currency. The sum of regulatory costs and enforcement costs should be less than profits. Although the Blockchain technology used for virtual currency such as Bitcoin makes higher the possibility of tax evasion, increases online fraud & online gambling, leads to hacking and embezzlement, and the absence of intermediary institutions will cause difficulties in regulation, but the government should strive to produce desirable results that generate profits rather than fighting to increase costs in the wholehearted devotion to regulation.

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