국내 가상화폐 거래소의 형사적 쟁점에 관한 연구 -국내 가상화폐 거래소 사기 사건을 중심으로-

Due to the influence of a new technology called blockchain, which has the characteristics of decentralization, virtual currency is attracting attention, and there are many discussions about whether it can even be recognized as a financial product, currency, or certain property interests. Since around 2017, due to the explosion of interest in virtual currency, many virtual currency exchanges have been created, and in the process, court decisions are divided on whether to acknowledge fraud by acknowledging the disclosure obligation of virtual currency exchanges. Cryptocurrency trading at virtual currency exchanges is not exchanging virtual currency itself, but trading with 'points' received from the exchange. In other words, virtual currency transactions are conducted between members using it, regardless of block chain technology. There is a risk that the exchange will arbitrarily use it because it is randomly generated and entered by the exchange itself. While the virtual currency exchange operated the manager account, it was treated differently from general members. In other words, it is against the principle of good faith for a virtual currency exchange to arbitrarily assign points to an administrator's account and not inform general members of it even though it does not actually own the asset, and it was recently confirmed by the Supreme Court. Due to the nature of the trading structure of virtual currency exchanges, risk is exposed if it is left to autonomous rather than state regulation, so proper regulation by the state is required. To this end, it is necessary to prepare a place where the state, experts, and ordinary citizens can all participate.