• Title/Summary/Keyword: L/C Fraud

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Analysis on Validity of Discounting the Deferred Payment Undertaking under Documentary Credit Transactions - with a Special Reference to the Application of Fraud Rule - (신용장거래에서 연지급확약할인의 유효성에 관한 연구 -사가의 원칙 적용을 중심으로-)

  • Hahn, Jae-Phil
    • Journal of Arbitration Studies
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    • v.21 no.2
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    • pp.133-156
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    • 2011
  • This paper is to analyze the legality in which the fraud rule allow the issuer of L/C or a court to disrupt the payment to the beneficiary under the deferred payment credit when the nominated bank for deferred payment undertaking made prepayment or negotiation before the maturity date and fraud is identified to be involved. Since the function of commercial L/C is to provide absolute assurance of payment to a beneficiary, the fraud rule based on fraud exception has been known as the negative factor which lead to the disruption of "principle of independence & abstraction" under the commercial L/C transactions. As a result, the fraud rule is necessary to limit the activities of fraudsters, but its scope must be carefully circumscribed so as not to deny commercial utility to an instrument that exists to serve as an assurance of payment. But the fraud itself has not been firmly established because it is inherently pliable in its concept. There are numerous contents to describe the application of fraud to the L/C transactions as a standard such as egregious fraud, intentional fraud, L/C fraud(omitted here), flexible fraud, and constructive fraud. And so the standard applicable to the commercial transaction as the fraud rule would be high or low depending upon the various standards of fraud.

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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 Consideration on Fraud Exception and the Principle of Independence under the L/C transaction (신용장의 독립성의 원칙의 예외로서의 사기원칙에 관한 고찰)

  • Lee, Jong-Won
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.34
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    • pp.55-74
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    • 2007
  • The documentary credit has been functioning as an indispensable tool for making international commercial transactions safer throughout the world since ICC adopted the second revision of the Uniform Customs and Practices for Commercial Documentary Credits in 1962. Letter of Credit transaction should be cleared by the principle of the trust and integrity and vile partners sometimes make a fraud on the L/C by the misinterpretation of the documents. As there is no rule but no exception, exception from application of these principles is allowed. The fraud exception nile constitutes contracting out an application of basic principles, this rule should apply restrictively and in many authorities a court does not apply this rule to nominated bank, confirming bank, and bona fide holder of draft even if fraud is involved in L/C transactions. If not, we lose a lot of benefits from the credit as valuable commercial device through reservation of these principles to take a few benefits. So, We need to recognize that the fraud exception rule should be applied restrictively. Therefore, this study reviewed condition of application and exception from application of fraud exception rule in view of Cardozo's opinion, the Sztejn court, and UCC Sections-114(2).

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Exceptions and Practical Operations to Independent Payment Obligation of Issuer under L/C Transactions (신용장발행은행의 독립지급의무의 실무적인 운용과 예외)

  • Kim, Sun-Ok
    • Korea Trade Review
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    • v.43 no.4
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    • pp.89-110
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    • 2018
  • This paper reviews the practical operations and exceptions to the independent principle by analyzing the leading cases of English documentary credit transactions. A bank's undertaking in L/C transactions differentiates between underlying contract and other contracts. The autonomy principle is the key principle governing L/C, but this principle may be connected with unfair (unjust) payment. English Law is strongly influenced by the developments in American Law in the case of fraud, but traditionally, British courts has been very reluctant to interfere in banks' independent undertaking under the L/C. The position of British case law relating to fraud is based on Sztejn. In practice, British courts recognize fraud as an exception to the autonomy principle in which the case is sufficiently serious to render it unjust to permit the beneficiary to receive payment. British case law has historically taken a narrow approach toward intervention in the independent principle of documentary credit. Therefore, innocent parties including beneficiaries are protected by these regulations regarding fraud.

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The Applicable Standards for the Injunction in Letters of Credit Disputes (신용상거래분쟁(信用狀去來紛爭)에서의 법원의 Injunction 적용기준(適用基準))

  • Kim, Sang-Ho;Kim, Jong-Chil
    • Journal of Arbitration Studies
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    • v.8 no.1
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    • pp.323-352
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    • 1998
  • Documentary letters of credit including standby letters of credit are governed by the independence or abstraction rule and the doctrine of strict compliance. Since the former rule requires the issuing bank to honor the drafts regardless of the defective performance of the underlying contract, the applicant(the customer) will be without a remedy if he is unable to make himself whole by litigation on the underlying contract. Therefore, the applicant is exposed to a risk much higher than in the commercial letters of credit. The Uniform Customs and Practice for Documentary Credit(UCP) has no provisions allowing legal relief for the applicant on the abuse of L/C by unscrupulous beneficiary, but UCC ${\S}5-114$ has provision allowing injunctive relief for the applicant. In this paper, I attempted to clarify certain standards of injunctive relief available for the customer in the credit. When there is fraud in the L/C transaction by any of the parties concerned, we must weigh the principle of independence or abstraction and the fraud rules. According to banking practice and judicial precedence, we need not keep the principle of independence and abstaction even in fraudulent transaction and the bona fide sufferer must be protected. The purpose of this paper is to review the studies of Fraud rule and the Injunction and to suggest the applicable standards for the Injunction therory under letters of credit. Specially this paper analysed the following ; (1) the guideline for the fraud (exception) rule to the autonomy principle, (2) the appilcable standards of the Injunction, and (3) the implications on parties concerned in letters of credit transaction. Conclusively, the Injunction should be granted if (1) there is clear proof of fraud (2) the fraud constitutes fraudulent abuse if the independent purpose of L/C (3) irreparble injury might follow if injunction is not granted or the recovery of damages would be seriously endangered.

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A Study on Uniform Commercial Code Article 5-109 (미국통일상법전(美國統一商法典) 제(第)5-109조(條)에 대한 일고찰(一考察))

  • Kim, Soon-Ja
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.537-561
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    • 2000
  • In these days, there are various types of fraud in L/C transaction. But we has no article on fraud in the UCP. So the matter of fraud has been depended on the judgement of court of each country. But the judgements are different in each case. These cause the difficulties in practice. To solve this problem, it is desirable to insert the relative article in the UCP. I considered the article 5-109 of UCC for pre-study on this matter. But the article 5-109 of UCC has some problems. To arrange the relative article on fraud in the UCP, we have to consider more severely on article 5-109 of UCC. Especially, it should be studied on cases in practice. This is left for next study.

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Google Play Malware Detection based on Search Rank Fraud Approach

  • Fareena, N;Yogesh, C;Selvakumar, K;Sai Ramesh, L
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • v.16 no.11
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    • pp.3723-3737
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    • 2022
  • Google Play is one of the largest Android phone app markets and it contains both free and paid apps. It provides a variety of categories for every target user who has different needs and purposes. The customer's rate every product based on their experience of apps and based on the average rating the position of an app in these arch varies. Fraudulent behaviors emerge in those apps which incorporate search rank maltreatment and malware proliferation. To distinguish the fraudulent behavior, a novel framework is structured that finds and uses follows left behind by fraudsters, to identify both malware and applications exposed to the search rank fraud method. This strategy correlates survey exercises and remarkably joins identified review relations with semantic and behavioral signals produced from Google Play application information, to distinguish dubious applications. The proposed model accomplishes 90% precision in grouping gathered informational indexes of malware, fakes, and authentic apps. It finds many fraudulent applications that right now avoid Google Bouncers recognition technology. It also helped the discovery of fake reviews using the reviewer relationship amount of reviews which are forced as positive reviews for each reviewed Google play the android app.

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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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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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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