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논문 기본 정보

자료유형
학술저널
저자정보
저널정보
강원대학교 비교법학연구소 강원법학 江原法學 제16권
발행연도
2003.8
수록면
337 - 361 (25page)

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The online auction industry and the fraud that is becoming all too commonplace. Statistical evidence clearly indicates that online auction crime is continuing to grow. The variety of different fraudulent practices that frequently occur in connection with online auctions is growing.
We should make various efforts to stop online auction crime. The online auction houses themselves, as well as consumer protection groups, have undertaken efforts to curb fraudulent use of the online auction sites.
The existing efforts of online auction industry self-regulation do not provide adequate recourse against the online auction houses for fraudulent practices occurring on their Web sites. The only effective method to stop the increase of online auction crime is for the government and the consumer group to promulgate guidelines and standards that would put the industry on notice that its members will be held responsible for future acts of online auction crime or on line auction fraud committed through the use of their Web site.
Nothing evinces the urgency of curtailing the spread of online auction fraud more than the increase in complaints over the past three years. The using Internet-based auctions to defraud people is "'a new type of crime."
The increase in the number of complaints can be attributed to several factors. As the number of Web sites devoted to online auctions increases, it is predictable that the number of frauds occurring on those Web sites will likewise increase. Currently, well over one hundred online auction sites are dedicated to bringing together consumers with other consumers as well as businesses with consumers.
eBay, one of the most popular sites on the Internet, accommodated more than 6.5 million unique visitors in February 1999. With traffic this heavy, eBay was able to consummate more than one million auctions per day on a consumer-to-consumer basis. eBay officials maintain that problems with fraud are extremely rare.
Another factor that explains the increase in fraud associated with online auctions is the lack of adequate external law enforcement. As the number of sites offering online auction services increases, there is a commensurate rise in the need for better policies. However, one of the difficulties in stopping fraudulent activities and outright theft is that auctions have grown far more quickly than law enforcement budgets.
Regardless of the reason for the increase in the number of consumer complaints pertaining to online auction fraud, it is clear that someone must take the steps necessary to thwart the spread of this new crime.
How Does the online auction crime Happen? Fraudulent practices can occur during two distinct phases of the online auction process. First, the fraud can take place during the actual bidding process. Two types of fraud at this stage are bid shielding and bid shilling. Second, the fraud can occur after the auction has ended with a buyer having made a winning bid. Three methods are commonly used to perpetrate this fraud. The buyers may send payment to the seller and receive no merchandise at all. The buyers may send payment to the seller and receive inferior or completely different merchandise. Finally, the buyer may win the auction but never send any payment.
Efforts to prevent the continued proliferation of online auction fraud come from many sources. (1) The Online Auction Houses' Efforts to Self-regulate, (2) Individual Web Site Efforts to Combat Fraud, (3) Consumer Protection Groups' Efforts.

목차

Ⅰ. 서론
Ⅱ. 인터넷 경매범죄의 개념과 실태
Ⅲ. 인터넷 경매범죄의 유형별 고찰
Ⅳ. 인터넷 경매범죄의 대책
Ⅴ. 결론
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