據《朝鮮日報》報導,韓國最高法院首度作出裁定,個人持有並存放於 Upbit、Bithumb 等虛擬資產交易所的比特幣,屬於《刑事訴訟法》規範下可扣押的標的物。
此項裁定是最高法院在 2018 年認定「比特幣屬於可收歸國有的沒收標的」基礎上,所作出的進一步補充判斷。法院指出,扣押範圍並不僅限於有形物,亦包含電子資訊;比特幣做為一種可獨立管理、交易且具經濟價值的電子型代幣,其權屬受私鑰控製,偵查機關得依法予以扣押。
According to the Chosun Ilbo, South Korea’s Supreme Court has ruled for the first time that Bitcoin held by individuals on virtual asset exchanges such as Upbit and Bithumb is subject to seizure under the Code of Criminal Procedure.
This ruling serves as a supplementary judgment building on the Supreme Court’s 2018 decision that 'Bitcoin is an asset eligible for confiscation and ownership by the state'. The court pointed out that the scope of seizure is not limited to tangible objects, but also includes electronic information. As an electronic token that can be independently managed, traded and possesses economic value, Bitcoin is controlled by private keys and may be lawfully seized by investigative authorities.
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