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자료유형
연구보고서
저자정보
저널정보
한국형사법무정책연구원 형사정책연구원 연구총서 연구총서 04-29
발행연도
2004.12
수록면
11 - 198 (189page)

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초록· 키워드

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Considering that more than US $750 billion is laundered worldwide every year, as reported by FinCEN(Financial Crimes Enforcement Network), the necessity to take measures against money laundering has been pervasive in the field of crime prevention and criminal justice around the world. The negative effect of money laundering has tremendous consequences on society. For example, some businessmen give politicians laundered money as bribes. These businessmen hamper the health of the economy by methods such as tax evasion, through which the illicit money is laundered to conceal its illegal sources, and in turn create a breakdown of social norms and trust.
This paper approaches the definition of money laundering in a manner different from already existing definitions. This research classifies money laundering as 'the process of transferring, transporting, transforming and converting funds to conceal or disguise the nature of funds, regardless of the legitimacy of an actor's intention or the fund's source'. Most scholars and practitioners consider laundering money as illicit. However, some legal funds may also be entangled with money laundering activities. It is also the case that some money laundering actors can be law-abiding, and yet be involved in such operations involuntarily and unintentionally. Therefore, this paper broadens the definition of money laundering to include these possibilities.
There are widespread international trends in money laundering. professionals such as accountants and lawyers have recently started to frequently participate in the money laundering business. These actors use their legal status and knowledge to launder illicit money in offshore financial centers where bank secrecy laws are strictly enforced. They usually transfer it from countries where a money launderer's identity can be kept secret to countries with minimum bank secrecy laws. Sometimes, they establish "shell" companies, collect illegal funds, and launder them. In return, they receive kickbacks from the owner of illegal funds, increasing their involvement in money laundering.
The most frequently crimes involved in money laundering were bribery, embezzlement, tax evasion, and fraud. Of all investigated cases, bribery reached 13.7%, fraud and breach of trust 12% each, and embezzlement and tax evasion were 10.2% each. These five crimes amounted to 58.1% of all money laundering related crimes. Each money laundering investigation case involved at least two of the crimes mentioned above.
About 40% of all investigated money laundering cases were connected to criminal organizations. These include but are not limited to fraud, smuggling, money-transmitting, violence-oriented, drugs, and credit-card organizations. Among them, violence-linked criminal organizations were the most frequently involved in money laundering.
The confiscation of the proceeds of organised crimes is newly-emerging criminal measure to deal with organised crimes. The international societies including the United Nations have recommended the measure to provide it in each nation's legislation, and each nation is followed by the recommendations. organised crimes have also raised very serious problems in our nation so that the Government tries to develop the fundamental countermeasures to deal with them. At last the 'Confiscation of the Proceeds of Crimes' Bill is now under legislation in reference with the foreign laws.

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