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Abstract

This paper deals with the problem of distinguishing between theft and computer fraud surrounding the self-checkout from the point of view of criminal law. The subject of this paper is especially focused on discussion relating to computer fraud (“Computerbetrug”) in Germany that could be extended to the discussion in Korea. OLG Hamm in NW, Germany decided the following case: The defendant took from the magazine shelf of a supermarket a “Playboy” for 5 EUR and went to the self-service checkout. He scanned but not the one found on the “Playboy” bar code, but kept the previously torn out of the newspaper “WAZ” bar code, which he had done in his wallet with him at the reader. The self checkout computer then threw out the price of a “WAZ” for 1.20 EUR, which the defendant paid. Then he left with the “Playboy” the business. AG und LG have recognized the defendant’s act as a computer Fraud, but OLG Hamm has seen it as a theft. In this paper, I introduce the main contents of the doctrine and case law relating to the discussion of the computer fraud and theft in Germany and summarize what kinds of implications for Korea the German discussion has.