신용카드 불법할인행위의 형사책임과 대책

Abstract

In this work I will explain the realities and types of illegal money accommodation by means of credit card(Ⅱ), examine the problems of current penal provisions and then propose the revision(Ⅲ) to take effective criminal countermeasures to illegal money accommodation by means of credit card. Illegal money accommodation by means of credit card is defined as loan by abusing a transaction by credit card. Illegal money accommodation by means of credit card(hereinafter referred as “i.m.a.”) is classified 6 types as follows: ①i.m.a. by disguising the sale of goods, provision of services in real space(type 1), ②i.m.a. by purchasing at a reduced price the goods or services procured by a credit card member after having the credit card member procure the goods or services by means of the credit card in real space(type 2), ③i.m.a. by purchasing by proxy the sale of goods, provision of services in real space(type 3), ④i.m.a. by disguising the sale of goods, provision of services in cyberspace(type 4), ⑤i.m.a. by purchasing at a reduced price the goods or services procured by a credit card member after having the credit card member procure the goods or services by means of the credit card in cyberspace(type 5), ⑥i.m.a. by purchasing by proxy the sale of goods, provision of services in cyberspace(type 6). Type 1 and type 4 are punished by Specialized Credit Finance Business Act(hereinafter referred as “SCFBA”) Article 70 (2) 2 (a). And Types of 2 & 5 are punishable by SCFBA Article 70 (2) 2 (b). But if the loaner takes the goods procured by a credit card member as security for loan or does commission sale, he can not be punished by SCFBA Article 70 (2) 2 (b), for the purchase isn't able to include commission sale or taking as security for loan. Finally type 3 & 6 are not be punishable by SCFBA Article 70 (2) 2 (a), (b) or (c). To fill a gap in penal provisions the SCFBA Article 70 (2) 2 (b) is revised and (d) is stipulated as followings: (b) “act to purchase at a reduced price the goods or services procured by a credit card member after having the credit card member procure the goods or services by means of the credit card, to take the goods as security for loan or to sell it on commission”. (d) “act to make a transaction by credit cards by proxy by utilizing credit card or credit card information of a credit card member”.