블록체인과 가상화폐의 형사법적 문제와 전망-대법원 2018. 5. 30. 선고 2018도3619 판결을 중심으로-

초록

In this paper, we briefly review the criminal issues and prospects in the new information technology environment based on the blockchain through interpretation of recent Supreme Court decision on the possibility of forfeiture Bitcoin. First, in light of the attitude of the case, virtual currency and cryptocurrency such as bit coin are equivalent to intangible property that can be confiscated if it is the object of crime in the present crime profit concealment law. However, if it does not correspond to such a serious crime, it can not be called 'goods' or 'material things', which is subject to confiscation under the criminal law. However, in the present interpretation, from the viewpoint of the possibility of management of property, it is possible to use exclusively valuable intangible property, and if it can be considered that it can be physically managed by the information processing system, I think. Second, regarding additional collection such as the bit coin, when the confiscation is impossible, the point of time of calculation of the amount to be counted can be a problem. In the case of the present case, it is considered as a confiscation (at the time of trial), but this judgment seems to be judged based on quotes at the time of exchange without any specific explanation. It is believed that further discussion on whether the Supreme Court changed the precedent or whether it is merely a consideration of the characteristics of the virtual currency of the volatility such as bit coin is considered to be an in-depth discussion. However, It is reasonable to decide the value of the sum at the time of exchange. Third, I briefly introduced the criminal problems that arise in this new technology- based environment. One of the most important issues to be discussed is that there are some problems that can not be solved by the existing criminal law in view of the decentralization characteristics of the block chain system and the self-enforcement of smart contracts. In the future, when a new service environment based on the blockchain is established and normalized, various types of crime surrounding virtual money and cryptocurrency will appear. In order to cope with such crimes, I hope that deep research and continuous cooperation among academia, government, courts, assembly will be achieved.

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