• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.12
• /
• pp.405-427
• /
• 1999

Although Uniform Customs and practice for Documentary(UCP) is not a law, it applies to most documentary credits and is binding on all parties unless otherwise expressly stipulated. Besides, Uniform Commercial Code(UCC) Article 5 was codified by the United States and was adopted by every state. Moreover, the New York version of the UCC Article 5-102(4) specifically providing that the UCC does not apply to letters of credit where the parties agree to be governed by the UCP. Identical nonuniform Articles were latter added in Alabama, Arizona, and Missouri. The fact that courts in forty-six of the fifty states are bound by Article 5. Until now, Article 5 of the UCC has probably had an impact on the decisions in New York and the New York common law. Therefore, I examined a few issues on application between Article 5 of the UCC and the UCP. First, although the UCP attempt to introduce a new for examination of document by incorporating "standard practice of financial institutions" and "international banking practice", the standards for documentary compliance are not clear. The UCC attempt to rely on the matter of interpretation for the court, but the UCP would probably be interested in examining in about bank's internal practices as reflected in UCP Articles. Second, the rule for nondocumentary conditions is a useful for stand-by credit transactions under the UCC, but these conditions would probably put the bank in an even worse position in case of documentary credit transactions under the UCP. Third, the UCP does not contain any provision governing the fraud exception, but the UCC codified the fraud and forgery rules developed through American case law. Fourth, the UCP treats the issue of transfer in much more detail than the UCC does. In contract, the UCP's treatment of assignment of proceeds is brief. Finally, I suggest that the fraud exception rules should be prescribed in the UCP in order to protect the issuing bank and the applicant when an unscrupulous party attempts to defraud.

• Journal of the Korean Society for Industrial and Applied Mathematics
• /
• v.27 no.4
• /
• pp.324-341
• /
• 2023

Topological data analysis (TDA) is a data analysis technique, recently developed, that investigates the overall shape of a given dataset. The mapper algorithm is a TDA method that considers the connectivity of the given data and converts the data into a mapper graph. Compared to persistent homology, another popular TDA tool, that mainly focuses on the homological structure of the given data, the mapper algorithm is more of a visualization method that represents the given data as a graph in a lower dimension. As it visualizes the overall data connectivity, it could be used as a prediction method that visualizes the new input points on the mapper graph. The existing mapper packages such as Giotto-TDA, Gudhi and Kepler Mapper provide the descriptive mapper algorithm, that is, the final output of those packages is mainly the mapper graph. In this paper, we develop a simple predictive algorithm. That is, the proposed algorithm identifies the node information within the established mapper graph associated with the new emerging data point. By checking the feature of the detected nodes, such as the anomality of the identified nodes, we can determine the feature of the new input data point. As an example, we employ the fraud credit card transaction data and provide an example that shows how the developed algorithm can be used as a node prediction method.

• Journal of Arbitration Studies
• /
• v.19 no.3
• /
• pp.179-198
• /
• 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.

• Journal of the Korea Institute of Information Security & Cryptology
• /
• v.25 no.3
• /
• pp.615-625
• /
• 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.

• The Journal of Korean Institute of Communications and Information Sciences
• /
• v.35 no.9B
• /
• pp.1350-1359
• /
• 2010

Recently many researchers have been proved that general RFID system for proximity authentication is vulnerable to various location-based relay attacks such as distance fraud, mafia fraud and terrorist fraud attacks. The distance-bounding protocol is used to prevent the relay attacks by measuring the round trip time of single challenge-response bit. In 2008, Munilla and Peinado proposed an improved distance-bounding protocol applying void-challenge technique based on Hancke-Kuhn's protocol. Compare with Hancke-Kuhn's protocol, Munilla and Peinado's protocol is more secure because the success probability of an adversary has (5/8)n. However, Munilla and Peinado's protocol is inefficient for low-cost passive RFID tags because it requires large storage space and many hash function computations. Thus, this paper proposes a new RFID distance-bounding protocol for low-cost passive RFID tags that can be reduced the storage space and hash function computations. As a result, the proposed distance-bounding protocol not only can provide both storage space efficiency and computational efficiency, but also can provide strong security against the relay attacks because the adversary's success probability can be reduced by $(5/8)^n$.

• Journal of Arbitration Studies
• /
• v.22 no.3
• /
• pp.119-139
• /
• 2012

In the case of Banque Paribas V. Banco Santander in England for the reimbursement request of deferred payment credit by the nominated bank, the L/C-issuing bank refused to pay the proceeds at maturity because of a fraudulent transaction. The reason of refusal was that the nominated bank, Banco Santander, had no right of payment in deferred credit before its maturity if it made payment of proceeds without notice to the issuing bank, that is, payment not based upon a credit transaction but on its own account. However, in the case of ADIB V. Fortis Bank in America, the New York court made the decision that the deferred payment bank could not refuse to reimburse to the nominated bank, Fortis Bank, because of fraud. Its decision was based on the UCP600. We have analyzed and investigated the above two cases-one was an English court's decision and the other an American's. The English court's decision was made under UCP500, but the American court's was made under UCP600, which was revised in 2007. As a result, we can expect that from now on in deferred payment credit transactions, the power of the nominated bank will be greater than before, but the issuing bank will bear the risk of the beneficiary's fraud, so the issuing bank will be hesitant to issue deferred payment credit. Notwithstanding, we thought that the New York court decision would come into effect in the activation of deferred payment credit in practical trade transactions.

• Proceedings of the CALSEC Conference
• /
• 2004.02a
• /
• pp.75-82
• /
• 2004

Recently introduced by the major credit card associations as replacements for the decommissioned SET and 3DSET protocols, the new payment models, 3DSecure and UCAF/SPA, have been designed to provide online merchants with a solution to an existing problem in online credit card transactions - the lack of an effective and efficient means of authenticating cardholders. The expected benefits arising from this added level of security from the merchant′s perspective are increased consumer confidence, significant reduction in the levels of fraud and charge backs and "liability shift". Using data gleaned from preliminary interviews, discussion forums and promotional material, we present a critical analysis of the potential barriers and facilitators that will impact on the widespread traction of these programs in the marketplace in the coming years.

• KSII Transactions on Internet and Information Systems (TIIS)
• /
• v.10 no.4
• /
• pp.1864-1876
• /
• 2016

Card-Not-Present (CNP) transactions taking place remotely over the Internet are becoming more prevalent. Cardholder authentication should be provided to prevent the CNP fraud resulting from the theft of stored credit card numbers. To address the security problems associated with CNP transactions, the use of a virtual card number derived from the transaction details for the payment has been proposed, instead of the real card number. Since all of the virtual card number schemes proposed so far are based on a password shared between the cardholder and card issuer, transaction disputes due to the malicious behavior of one of the parties involved in the transaction cannot be resolved. In this paper, a new virtual card number scheme is proposed, which is associated with the cardholder's public key for signature verification. It provides strong cardholder authentication and non-repudiation of the transaction without deploying a public-key infrastructure, so that the transaction dispute can be easily resolved. The proposed scheme is analyzed in terms of its security and usability, and compared with the previously proposed schemes.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
• /
• 2013.05a
• /
• pp.201-204
• /
• 2013

From 2009 to the present, smart phone users has been steadily increasing. And through the use of smart phone applications, smart phone user can perform easily what they want to do whenever and wherever. However, new types of financial fraud such as phishing, pharming and smishing are appeared exploiting these advantages. Accordingly in this paper, I propose to prevent social issues like phishing, pharming and smishing for the technical way using mobile hypervisor.

• The Journal of the Institute of Internet, Broadcasting and Communication
• /
• v.11 no.5
• /
• pp.113-130
• /
• 2011

Due to the development of information and communication technology, the global influence on politics, economics, society, and culture has grown. A major example of this impact on the economic sector is the growth of e-commerce, which increases both the speed and efficiency of businesses. In light of these new developments, businesses need to shift away from the misconception that information overwhelms to embrace the enhanced competitiveness that e-commerce provides. However, concern about fraudulent transactions through e-commerce is pertinent because of the loss in both critical revenue and consumer confidence in open markets. Current solutions for fraudulent transactions include real-time monitoring and processing, payment pending, and confirmation through SMS, E-mail, and other wired means. Our research focuses on the management of Fraud Detection Systems (FDS) to safeguard online electronic payment systems. With effective implementation of our research we hope to foster an honorable online trading culture and protect consumers. Future comparative research in domestic and abroad markets would provide further insight into preventing fraudulent transactions.