• Title/Summary/Keyword: Fraud rule

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Evaluations for Fraud in L/C Transactions, and Counter-Measures

  • Lee, Jae-Sung
    • Journal of Korea Trade
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    • v.24 no.7
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    • pp.73-92
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    • 2020
  • Purpose - The letter of credit has been playing a major role to diminish overall risks which exist among concerned parties even though there are differences such as language, culture, law, and distance. This paper reviews essence of the letter of credit and its transaction principles, as well as overall practical questions based on the L/C transaction principle. It also investigates the risk of fraud occurrences in L/C transactions and the importance of fraud prevention and preventive measures in international L/C transactions, including the Fraud Rule, which is a major topic to consider in business transactions. Design/methodology - It is considered that an importing country's concerned parties and an exporting country's concerned parties face different situations. This study employs the existing framework to identify liability, responsibility, and obligation for all concerned parties across countries. Using a quite direct measurement of principles in the letter of credit, such as principle of independence, principle of abstraction, and principle of strictness and coincidence, we studied these differences. Findings - Our main findings can be summarized as follow. The paper enhances the efficiency of the L/C payment method to provide fraud generated from L/C transactions, presentation of a theoretical framework about fraud and fraud prevention, which international trading companies should acknowledge in a material way based on fraud risk resulting from taking advantage of L/C transaction principles. Originality/value - Existing studies focus on fraud accidents in L/C transactions by taking bad advantage of the characteristics of the letter of credit without suggesting risks of fraud. This paper attempts to evaluate and provide preventive measures as a solution for fraud and risky international business in a letter of credit transaction. This area of trade studies is underexplored, both empirically and theoretically, although the issue has long been important to Korean and world community foreign trade.

A Study on the Exceptions to Independence Principle of Documentary Credits and Autonomous Guarantees - with Special Emphasis on Illegality Exception - (신용장 및 독립적 보증의 독립추상성 원칙 예외에 관한 고찰 - 근거계약의 위법을 중심으로 -)

  • Hahn, Jae-Phil
    • Journal of Arbitration Studies
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    • v.19 no.3
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    • pp.179-198
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    • 2009
  • This paper aims at assessing reasonableness for restraining the independence principle in the operation of documentary credit in case of the illegality appeared in the underlying transactions. It has been a major rule under the independence principle to keep the credit operation free from the defences made by the issuing bank and/or credit applicant with a view to prevent the payment as specified under the credit. And also, it is generally accepted in the international commercial community to examine a presentation to determine, on the basis of the document alone, whether or not the documents appear on their face to constitute a complying presentation. Even though these two essences are major rules in the credit operation, if a presentation is made with the documents forged or materially fraudulent, the issuing bank can refuse to pay the documents in respect of fraud rule based on fraud exception for which a court of appropriate jurisdiction would enjoin such honour. Now we have newly come to another situation to determine whether or not we have to apply the same as fraud rule which is applicable to the illegality in the underlying contract under the new conception of illegality principle based on illegality exception. English Commercial Court handled the illegality case under the case of Mahonia Ltd., v. JP Morgan Chase Bank in 2003 and Justice Colman decided that issuing bank can rely on illegality affecting a letter of credit as an excuse for failure to pay. This judgement brought about the acceptance of illegality principle based on illegality exception as a defence to payment under a letter of credit as far as the illegality concerned in the underlying transactions. It is noticeable that this case will affect our international commercial community more to rely on the illegality in the underlying transactions as a good issue to stop payment for the issuing bank in the L/C operation.

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Anti-Fraud System for Credit Card By Using Hybrid Technique (Hybrid 기법을 적용한 효율적인 신용카드판단시스템)

  • 조문배;박길흠
    • Journal of the Institute of Electronics Engineers of Korea CI
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    • v.41 no.5
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    • pp.25-32
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    • 2004
  • An anti-fraud system that utilizes association rules of fraud as well as AFS (Anti Fraud System) for credit card payments in e-commerce is proposed. The association rules are found by applying the data mining algorithm to millions of transaction records that have been generated as a result of orders on goods through the Internet. When a customer begins to process an order by using transaction components of a secure messaging protocol, the degree of risk for the transaction is assessed by using the found rules. More credit information will be requested or the transaction is rejected if it is interpreted as risky.

A Study on Unconscionability as an Exception to the Independence Principle under Bank Guarantees (은행보증의 독립성 예외와 "비양심성"에 관한 연구)

  • Jing-Ik Chae
    • Korea Trade Review
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    • v.47 no.5
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    • pp.115-128
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    • 2022
  • This paper reviewed "unconscionability" as an exception to the independence principle of bank guarantees. Apart from fraud which has been recognized in most international jurisdictions, Uuconscionability would also be recognized as the exception to the legal principle, the so-called "fraud rule" or "an abuse of rights." Unconscionability exception is applied in the same manner as fraud and other exceptions to the principle of independence. The exception should allow guarantor to dishonor the drawings that abuse the independence principle. However, outright or manifest facts of the unconscionability must be established in order to apply the exception. Lots of arguments or conflicts may be caused in applying the unconscionability exception. Therefore, this study aims to prevent institutional abuses or to reduce the disputes from setting up the legitimate scope and standard for application of the exception by reviewing these procedural issues and problems under bank guarantee transactions. This paper also suggested practical implications and countermeasures for the institutional application.

Study on Intelligence (AI) Detection Model about Telecommunication Finance Fraud Accident (전기통신금융사기 사고에 대한 이상징후 지능화(AI) 탐지 모델 연구)

  • Jeong, Eui-seok;Lim, Jong-in
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.29 no.1
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    • pp.149-164
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    • 2019
  • Digital Transformation and the Fourth Industrial Revolution, electronic financial services should be provided safely in accordance with rapidly changing technology changes in the times of change. However, telecommunication finance fraud (voice phishing) accidents are currently ongoing, and various efforts are being made to eradicate accidents such as legal amendment and improvement of policy system in order to cope with continuous increase, intelligence and advancement of accidents. In addition, financial institutions are trying to prevent fraudulent accidents by improving and upgrading the abnormal financial transaction detection system, but the results are not very clear. Despite these efforts, telecommunications and financial fraud incidents have evolved to evolve against countermeasures. In this paper, we propose an intelligent over - the - counter financial transaction system modeled through scenario - based Rule model and artificial intelligence algorithm to prevent financial transaction accidents by voice phishing. We propose an implementation model of artificial intelligence abnormal financial transaction detection system and an optimized countermeasure model that can block and respond to analysis and detection results.

A Study on the Problems and Instructions of Negotiation Before Maturity under Deferred Payment Letter of Credit - Focus on the Cases of Different Countries - (연지급신용장 만기전 매입의 문제점과 유의사항에 관한 연구 -각국의 판례를 중심으로-)

  • Kim Kyung-Bae
    • Journal of Arbitration Studies
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    • v.16 no.2
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    • pp.213-238
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    • 2006
  • Deferred payment letter of credit is the L/C that makes the issuing bank to pay a beneficiary at maturity stipulated in the credit. In this deferred payment letter of credit transaction, is it possible that a confirming or nominating bank payor negotiate before maturity? and the confirming or nominating bank have legal protection when paid or negotiated before maturity? These problems are raised in argument. By the way, Korea, Switzerland, Germany, and Italy are positive on the above question, but France, United Kingdom, and Singapore are negative. Therefore, when using deferred payment letter of credit, it is required to keep in mind that the understanding of maturity stipulated in the credit is different among countries, legal principles of each nations, and researchers. And other problems are raised also as follows; the application of Fraud Rule and principle of independence and abstraction as nature of credit, when to pay credit amount to beneficiary, and refusal of payment due to poor quality. Finally, it is required to use deferred payment letter of credit, after full understanding of deferred payment letter of credit pointed out in this paper.

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Fraud Detection System Model Using Generative Adversarial Networks and Deep Learning (생성적 적대 신경망과 딥러닝을 활용한 이상거래탐지 시스템 모형)

  • Ye Won Kim;Ye Lim Yu;Hong Yong Choi
    • Information Systems Review
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    • v.22 no.1
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    • pp.59-72
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    • 2020
  • Artificial Intelligence is establishing itself as a familiar tool from an intractable concept. In this trend, financial sector is also looking to improve the problem of existing system which includes Fraud Detection System (FDS). It is being difficult to detect sophisticated cyber financial fraud using original rule-based FDS. This is because diversification of payment environment and increasing number of electronic financial transactions has been emerged. In order to overcome present FDS, this paper suggests 3 types of artificial intelligence models, Generative Adversarial Network (GAN), Deep Neural Network (DNN), and Convolutional Neural Network (CNN). GAN proves how data imbalance problem can be developed while DNN and CNN show how abnormal financial trading patterns can be precisely detected. In conclusion, among the experiments on this paper, WGAN has the highest improvement effects on data imbalance problem. DNN model reflects more effects on fraud classification comparatively.

A Study on Improvement of Effectiveness Using Anomaly Analysis rule modification in Electronic Finance Trading (전자금융거래의 이상징후 탐지 규칙 개선을 통한 효과성 향상에 관한 연구)

  • Choi, Eui-soon;Lee, Kyung-ho
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.25 no.3
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    • pp.615-625
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    • 2015
  • This paper proposes new methods and examples for improving fraud detection rules based on banking customer's transaction behaviors focused on anomaly detection method. This study investigates real example that FDS(Fraud Detection System) regards fraudulent transaction as legitimate transaction and figures out fraudulent types and transaction patterns. To understanding the cases that FDS regard legitimate transaction as fraudulent transaction, it investigates all transactions that requied additional authentications or outbound call. We infered additional facts to refine detection rules in progress of outbound calling and applied to existing detection rules to improve. The main results of this study is the following: (a) Type I error is decreased (b) Type II errors are also decreased. The major contribution of this paper is the improvement of effectiveness in detecting fraudulent transaction using transaction behaviors and providing a continuous method that elevate fraud detection rules.

Association Rule Mining Algorithm and Analysis of Missing Values

  • Lee, Jae-Wan;Bobby D. Gerardo;Kim, Gui-Tae;Jeong, Jin-Seob
    • Journal of information and communication convergence engineering
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    • v.1 no.3
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    • pp.150-156
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    • 2003
  • This paper explored the use of an algorithm for the data mining and method in handling missing data which had generated enhanced association patterns observed using the data illustrated here. The evaluations showed that more association patterns are generated in the second analysis which suggests more meaningful rules than in the first situation. It showed that the model offer more precise and important association rules that is more valuable when applied for business decision making. With the discovery of accurate association rules or business patterns, strategies could be efficiently planned out and implemented to improve marketing schemes. This investigation gives rise to a number of interesting issues that could be explored further like the effect of outliers and missing data for detecting fraud and devious database entries.

How to deal with Fraud Cases in L/C-based Transactions in International trade business (국제무역거래(國際貿易去來)에서의 신용상거래(信用狀去來) 사기사건(詐欺事件)의 대처방안(對處方案))

  • Nam, Seon-Mo
    • Journal of Arbitration Studies
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    • v.18 no.2
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    • pp.173-199
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    • 2008
  • A letter of credit transaction of the preexistence have been raising one's head fraud charge problem as a result of abusing the principles of independence and abstraction. Every society has certain rules and conventions which it regards as important and most of people in any society. The paper document means a document in a traditional paper form. The eUCP credit must specify the formats in which electronic records are to be presented. In these present times, the issuance of documentary credit are performed by the SWIFT(Society for Worldwide Inter bank Financial Telecommunication) system. The eUCP have been written to allow for presentation completely electronically or for a mixture of paper documents and electronic presentation. Presentation is deemed not to have been made if the Beneficiary's notice is not received. An electronic record that cannot be authenticated is deemed not to have been presented. The e-UCP is the supplement of current existing UCP but is superior to UCP under some circumstances. The document shall include an electronic record. The place for presentation of electronic records means an electronic address. The current e-UCP is not clear on this matter. We have to note followings in case of presenting the documents electronically and applying the e-UCP. There are three principles in the letter of credit transaction, that is to say, independence and abstraction, document dealing, strict compliance. IN the electronic letter of credit, these principles are called as independence and abstraction, electronic document dealing, strict compliance.

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