블록체인과 가상(암호)화폐 관련 범죄에 대한 최근 이슈와 형사법적 대처방안의 모색

초록

In this paper, it is reviewed whether the provisions of the current criminal law can be applied to crimes related to blockchain and virtual currency, and if not, in what direction legislative improvement should be made. Considering the characteristics of blockchain decentralization, decentralization, transparency and irreversibility, anonymity, and the recognition of property (property benefits) of virtual currency that are recognized as precedents, it is difficult to cope with new types of crime surrounding virtual currency. . It can be seen that the measures against the system and regulations of the criminal law are insufficient. In this study, considering the characteristics of the current virtual economy, the systematic structure of property crimes, which are divided into property and property interests under the current Criminal Act, should be made so that crimes can be established in consideration of the characteristics of actions, even if they are intangible. It was also described that the distinction between current documents and electronic records should be made so that the documentary nature of electronic documents can be recognized according to the characteristics of the block chain. Furthermore, I discussed the development and legislation of legal principles that can cope with block chain-based network crimes that may occur in the new Internet environment such as Metaverse, and the interpretation of laws or legislative supplements that can solve legal issues related to NFT-related industries. Through this discussion process, it is expected that a more in-depth discussion will develop on the direction of criminal legislation that can cope with the development of new information and communication technologies in the future.

키워드