Summary: | 碩士 === 國立交通大學 === 科技法律研究所碩士在職專班 === 104 === This study focuses on the empirical research of the trends concerning money laundering which is caused by “Bitcoin”that has been one of the innovative implements of Blockchain under the Fintech(Financial Technology)nowadays.Due to the reason that Bitcoin is not the fiat money in Taiwan, it has become one of the popular tools utilized for emerging financial or severe criminal crimes along with its characteristic features of anonymity, global-circulation, and low-processing fee.Bitcoin, as a crypto-currency with high potential risk of money landering and terrorism financing, has already brought critical attention from governments and law enforments internationally.
Money Laundering Control Act, conducting one of the specific laws countering significant economic crimes in Taiwan, lacks to include Bitcoin exchange platforms or companies into the designated “financial institutions” in its Artcle 5 which directly leads to the invalidation of Article 7 called “Currency Transaction Report” and Article 8 called “Suspicious Transaction Report”that both work as gatekeepers to sniff impending economic crimes.Therefore, it is usually too late for law enforcement to bring the criminals involving fraud, Ponzi schem and money laundering,and etc,to justice with the regulations such as offenses against the computer security of Criminal Code or The Banking Act, not to mention to trace the illegal proceeds and to return them to the victims.
Facing the development of Bitcoin, we are never short of studies but systematic analysis in Taiwan, even the perspective of money laundering and Financial Intelligence Unit from the law enforcement which exactly this study endeavors to cut in. With the rough experience of manipulating Bitcoin commercially and personally, this study expects to make some suggestions through the systematic analysis in a way of empirical, international and integrate.The contribution of the study lies in, however, with the mentioned above, triggering our government to develop relative strategy or the law enforcement to perfect either the weapon against money laundering or the amending the criminal law dealing with virtual currency.
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