신용카드 범죄에 대한 형사법적 검토

Abstract

In this article, the author analyzes some types of (one’s own or others’) credit card abuse and examines the applicability of some statutes and regulations on these abusing activities. He finds the following results in this analysis. 1. He who takes others’ credit cards and uses them for buying some goods commit fraud besides theft(concerning credit cards themselves). 2. He who takes others’ credit cards and draws money from an ATM on credit commits theft. 3. He who draws some money from ATM with others’ credit cards without their permission commits theft. 4. In above-mentioned 3 cases, he offends the regulation against credit card abuse(the crime of credit card abuse) as well. 5. He who has credit card companies issue credit cards in his own name without any ability and intention to repay for the credit commits fraud. 6. He who uses his own credit card for buying some goods without any ability and intention to repay for the credit commits fraud. 7. He who uses his own credit card for drawing money from an ATM on credit without any ability and intention to repay for the credit does not offend any regulations at all.