• Title/Summary/Keyword: Fraud transaction

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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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A Study on the Methods for the Prevention of Fraud in Korean Export Insurance in the Context of Export Credit Guarantee Schemes under O/A Negotiation (수출보험사기 방지를 위한 우리나라 수출신용보증제도 개선방안: O/A 매입방식을 중심으로)

  • PARK, Seung-Lak
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.77
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    • pp.113-144
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    • 2018
  • This study explores how to prevent the fraudulent export financing and its subsequent export insurance fraud in relation to O/A negotiation. Under the traditional letter of credit(L/C) transactions, the banks, as a negotiation bank, can extend trade financing to the exporters through negotiation of draft and/or shipping documents. Under the O/A transaction scheme, however, bank cannot ascertain existence of trade performance and it is much riskier to extend an advance financing to the exporters before the buyer sends confirmation of debt. In O/A negotiation. some exporters tried to fraud banks by falsifying the shipping documents and the size and gravity of this fraudulent export financing were huge. Therefore, this study examines the banking process in O/A-based trade financing, documents examination process, the negotiation of instruments, treatment of trade financing in export credit guarantee, most importantly, explores what could be the criteria for appropriate treatment of account receivable to insure the safe transfer of account receivable. To maximize the benefit for optimum trade financing, the Bank of Korea established several Trade Finance Rules (refers to "BOK Rules") requiring that commercial banks should maintain optimal credit limits(so called, 'the principle of optimal loan') to extend the trade finance. The K-sure post-shipment credit guarantee programs and short-term export insurance program(EFF)can also facilitate 'the principle of optimal loan' principle.

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Study on a Real Time Based Suspicious Transaction Detection and Analysis Model to Prevent Illegal Money Transfer Through E-Banking Channels (전자금융 불법이체사고 방지를 위한 실시간 이상거래탐지 및 분석 대응 모델 연구)

  • Yoo, Si-wan
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.26 no.6
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    • pp.1513-1526
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    • 2016
  • Since finance companies started e-banking services, those services have been diversified and use of them has continued to increase. Finance companies are implementing financial security policy for safe e-banking services, but e-Banking incidents are continuing to increase and becoming more intelligent. Along with the rise of internet banks and boosting Fintech industry, financial supervisory institutes are not only promoting user convenience through improving e-banking regulations such as enforcing Non-face-to-face real name verification policy and abrogating mandatory use of public key certificate or OTP(One time Password) for e-banking transactions, but also recommending the prevention of illegal money transfer incidents through upgrading FDS(Fraud Detection System). In this study, we assessed a blacklist based auto detection method suitable for overall situations for finance company, a real-time based suspicious transaction detection method linking with blacklist statistics model by each security level, and an alternative FDS model responding to typical transaction patterns of which information were collected from previous e-Banking incidents.

The Risks of Transport Documents under L/C Transaction (신용장거래에서 운송서류의 위험요인에 관한 연구)

  • Park, See-Woon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.45
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    • pp.85-109
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    • 2010
  • L/C provides the exporter and the importer with safe assurance in the exchange of goods for payment in international trade. It involves a number of parties. Although the parties may have confidence in their client, bad faith or ignorance of international banking practice by any of these parties could cause the failure of transaction, which makes international trade a risky business. Most of the risks are found in transport document, which can cause disputes. There are many factors in the risk of transport documents under L/C transaction. One most common risk factor for the beneficiary in all transport documents is even if there is no discrepancy in document, the issuing bank or the applicant refuses to pay or delay payment insisting there is a discrepancy. In some very rare cases, the beneficiary may not get paid due to unfair injunction of the local court of the applicant. For the applicant, most common risk factors are fake bill and fraud. Risks classified according to the sorts of transport documents are as follows. 1. In B/L, payment can be refused because it is regarded as charter party B/L, although there is no real charter party contract. And the applicant can bear the potential risk of the loss or deterioration of cargo through transhipment of the cargo loaded on board in container if transhipment is prohibited without excluding of UCP 600 article 20 (c). 2. In charter party B/L, the applicant may take delivery without paying when charter party B/L is signed by charterer, which can result in a big loss for the beneficiary and the negotiating bank. And risks may arise when cargo is seized because the charterer does not pay the hire. The applicant and the issuing bank are also vulnerable to a risk - Against whom should they file a suit when cargo gets damaged during transportation? 3. In multimodal transport document, which is subject to a conflict because there is a big difference in viewpoints between transport industry and banks, conflicts may also arise when L/C requires ocean B/L and accepts multimodal transport document at the same time, but does not specify the details. 4. In air waybill, where the consignee is not the issuing bank but the applicant, risks may take place to the beneficiary when the applicant takes delivery but refuses to pay asserting minor discrepancies in document. The applicant may also bear the risk when cargo may not be loaded because air waybill is a received bill. Another risk may arise when although the applicant prohibits transhipment without excluding UCP 600 article 23 (c), the cargo may be transhipped, provided that the entire carriage is covered by one and the same air waybill.

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How to improve carrier (telecommunications) billing services to prevent damage (통신과금서비스의 피해예방을 위한 개선방안)

  • Yoo, Soonduck;Kim, Jungil
    • Journal of Digital Convergence
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    • v.11 no.10
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    • pp.217-224
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    • 2013
  • Due to the development of mobile technologies, the carrier (telecommunications) billing service market is rapidly growing. carrier (telecommunications) billing service allows users to make on-line purchases through mobile-billing. Users find this particularly convenient because the payment acts as a credit transaction. Furthermore, the system is commonly believed to be secure through its use of SMS (Short Message Service) authentication and a real-time transaction history to confirm the transaction. Unfortunately, there is a growing number of fraudulent transactions threaten the future of this system. The more well documented types of security breaches involves hackers intercepting the authentication process. By contaminating the device with security breaching applications, hackers can secretly make transactions without notifying users until the end of month phone bill. This study sheds light on the importance of this societal threat and suggests solutions. In particular, "secure" systems need to be more proactive in addressing the methods hackers use to make fraudulent transactions. Our research partially covers specific methods to prevent fraudulent transactions on carrier billing service providers' systems. We discuss about the proposed improvements such as complement of electronic payment systems, active promotion for fraudulent transactions enhanced monitoring, fraud detection and introduce a new authentication service. This research supports a future of secure communications billing services, which is essential to expanding new markets.

Classification and Practical Consequences of Malicious Additional Conditions from Letter of Credit (신용장 악의적 부가조건의 유형과 실무상 유의점)

  • KIM, Hee-Kyung;PARK, Kwang-So
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.76
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    • pp.103-123
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    • 2017
  • If additional condition in letter of credit is used in malicious way, it affects the international trade transaction in jeopardy. Therefore, it's significant to identify whether additional conditions are malicious or ordinary in the transaction with letter of credit. In normal cases, thanks to lots of useful features as an international payment method, such as security of payment, legal protection, and versatility, a letter of credit is widely used in international trade. However, even with these advantageous features, a letter of credit is complicate and costly to use, compared to other payment methods. Furthermore, due to its principle of independence from underlying contract, a use of letter of credit creates another type of concern for proper handling and needs significant caution upon field use. At some points, malicious additional conditions are used for buyer's advantage in deal making and fraud instance in worst situation. In addition, some countries request malicious conditions against sellers as a non-tariff barrier. Therefore it's extremely important to recognize whether malicious additional condition exists in letter of credit and, if so, how to deal with it. This study delivers the information to distinguish and categorize the malicious conditions in various cases and to figure out how to deal with them for safer trade with less risk.

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Real Estate Double Contract and It's Prevention (부동산 이중매매와 그 예방)

  • Park, Jong-Ryeol
    • The Journal of the Korea Contents Association
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    • v.9 no.7
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    • pp.325-332
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    • 2009
  • The Korean real estate transaction makes a contract after the buying and selling person concerned agreed a business condition. As for vendee, business consists of the method that I issue documents before provision and money left over provision and the registration at the same time, and register a contract deposit in vendor. However, it latent for the real estate transaction various accidents such as fraud from a contract day to time to finish a real estate registration transfer, embezzlement, double contract by the breach of trust. Nevertheless vendee comes to match vendor by an asymmetry of the information one-sidedly to the front completing a registration transfer. I may prevent stellionate by the breach of trust of vendor if I use an ESCROW system in such a responsibility blank state.

A Study on the Prediction Method of Voice Phishing Damage Using Big Data and FDS (빅데이터와 FDS를 활용한 보이스피싱 피해 예측 방법 연구)

  • Lee, Seoungyong;Lee, Julak
    • Korean Security Journal
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    • no.62
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    • pp.185-203
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    • 2020
  • While overall crime has been on the decline since 2009, voice phishing has rather been on the rise. The government and academia have presented various measures and conducted research to eradicate it, but it is not enough to catch up with evolving voice phishing. In the study, researchers focused on catching criminals and preventing damage from voice phishing, which is difficult to recover from. In particular, a voice phishing prediction method using the Fraud Detection System (FDS), which is being used to detect financial fraud, was studied based on the fact that the victim engaged in financial transaction activities (such as account transfers). As a result, it was conceptually derived to combine big data such as call details, messenger details, abnormal accounts, voice phishing type and 112 report related to voice phishing in machine learning-based Fraud Detection System(FDS). In this study, the research focused mainly on government measures and literature research on the use of big data. However, limitations in data collection and security concerns in FDS have not provided a specific model. However, it is meaningful that the concept of voice phishing responses that converge FDS with the types of data needed for machine learning was presented for the first time in the absence of prior research. Based on this research, it is hoped that 'Voice Phishing Damage Prediction System' will be developed to prevent damage from voice phishing.

An Experiential Case Study of Cyber Financial Fraud: Focusing on specific processes and measures (사이버 금융사기의 체험적 사례 연구: 구체적 과정과 대책을 중심으로)

  • Han, Dong-Ho
    • The Journal of the Convergence on Culture Technology
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    • v.4 no.1
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    • pp.193-200
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    • 2018
  • This study is an experiential case study of cybercrime fraud that combines pharming and voice phishing in April 2017. Research on victims who have actually suffered in the study of crime or disaster is a very useful field in establishing crime prevention measures. This study is significant in that Korea is relatively poor in this kind of research. I got cyber fraud as a consequence of my loss of reasonable judgment due to mental confusion when a companion dog who was raised for 8 years was in a very dangerous situation with cystitis. Fortunately, I received all the damages in a quick report, but the period was eight months. It took too much time to get back all the damages, so I had to suffer another pain. Based on my experience, I suggest damage prevention measures. First, when a certain condition and a certain amount are transferred, the transaction is automatically stopped or a more strict confirmation procedure is added. Secondly, trafficking means to arrest the perpetrator without any harm to the victim is sought. Third, the victims of crime should be promptly reimbursed for damages or a system for lending their living funds to zero or lower interest rate.

Construction for Safe Transaction System using Blockchain Technology(Case:Used Car) (블록체인 기술을 이용한 안전 거래 시스템 구축(사례:중고자동차))

  • Ahn, Byeongtae
    • Journal of Digital Convergence
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    • v.18 no.4
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    • pp.237-242
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    • 2020
  • Online e-commerce management systems are gradually increasing, and transactions are made in various items. However, the reliability between sellers and buyers is very important in high-priced transactions such as automobiles when used transactions online. Nevertheless, in the existing used trading system, a device that prevents fraud or trusts the seller is insufficient. This paper developed a blockchain-based used transaction management system to improve the reliability that occurs during used transactions. We have improved the safety trading system by developing a trading management system for used cars with the highest amount of used cars in various fields. This system uses Ethereum-based smart contract to guarantee reliability without third party intervention. By designing the contracts required for used car trading by utilizing smart contracts, it was possible to reduce the effort and time of trading participants in the existing used car transactions, while enabling safe transactions. In addition, this system mitigated information asymmetry between buyers and sellers, and reduced and prevented brokerage fees in the distribution process without third parties.