신용카드 부정사용 범죄에 관한 연구
(A) Study on the Crimes of the Fraudulent Use of Credit Cards
신용카드 부정사용 신용카드 범죄 위조 변조;
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As rapid progress of science, the use of credit card is expanded as like means of settlement for purchase or taking service not only at the stores affiliated with the credit cards(Off-line) but also Internet(On-line). In proportion to this expansion the crime of credit card is grown. These crimes made to harm to private property and further more made dangerous to appropriate function of credit cards because of threat to 'business by credit cards', what was created by between credit card company and its customer. But, the purpose of existing Specialized Credit Financial Business Act is supporting to sound and creative growth of credit cards company, planning to people's convenience of finance and developing to nation economy, so it is not sufficient for crime of credit cards. First, there is no penalty clause about recently issued fraudulent use of self-nominal credit cards. Secondly, the penalty for fraudulent use of credit cards at Specialized Credit Financial Business Act, as a special law, is 7 years but penalty for fraud in Criminal Law, as a general law, is 10 years. There is no equity. In this study I inquired into existing criminal responsibility about crime of credit card, especially illegal acquisition and fraudulent use of credit cards, relationship between Specialized Credit Financial Business Act as a special law and Criminal law as a general law and problems and countermeasure of existing Specialized Credit Financial Business Act and Criminal Law. First of all, precedent and theories are accorded at purchasing goods or take service by fraudulent use of others' nominal credit card is make fraud and it is reasonable. But precedent and major theory acknowledged that by fraudulent use of illegal acquired others' nominal credit cards draw out from Cash Dispenser make larceny but in my opinion it is not proper. By revision of criminal law, Dec. 6. 2001, contents has been added that 'input or change information without authority' at 2 of article 347 and the assertion is solved by legislation that it cannot be made to computer etc. using fraud because it is not 'input of falsehood information nor input of illegal order'. The object of computer etc. using fraud is 'profit of fortune' but acquired cash by illegal use of credit cards is property. In the limit of clearness it is possible to supplement deficiency of law by interpretation. So it is proper that in case of illegal acquisition of cash from cash dispenser by fraudulent use of illegal acquired others' nominal credit card makes computer etc. using fraud. But in legislation respect, it is rightful that add 'property' as a objects of computer etc. using fraud and eradicate to interpretation problem. About fraudulent use of self nominal credit card, existing Specialized Credit Financial Business Act has not penalty clause and precedent and theories acknowledge that by use of acquired credit card purchase goods or taking service without payment intention and ability makes fraud but in case of take cash service, major theory acknowledges larceny and precedent acknowledges fraud. The reason of non-penalty of this behavior is not it has no guiltiness but defect of legislation, so it is needed that legislation improvement as it's guiltiness. Because of Specialized Credit Financial Business Act has been created for sound development of credit card it is natural that create new clause of fraudulent use of self nominal credit card and German criminal law article 266. b would be referable. The special law, Specialized Credit Financial Business Act provides for penalty of fraudulent use of credit card as 'imprisonment less than 7 years' but the general law, Criminal Law provides for penalty of fraud as 'imprisonment less than 10 years'. This is not only conflict with legislation policy but also punished by fraud penalty in case of concurrent offenses and Specialized Credit Financial Business Act would be proved the dead letter. In my opinion it is better adjust the penalty for fraudulent use of credit card in Specialized Credit Financial Business Act to 'imprisonment less than 10 years'.