대법원 판례에 나타난 컴퓨터 이미지 파일과 형법상 문서

Abstract

The subject of this study is about Computer Image Files should be viewed as document in Korean Criminal Law. Computer Image Files ask for fundamental changes of document-related Crimes that have been mainly for paper documents. That is, Computer Image Files does not merely substitute a paper document but also alter usage of a document. Technology will progress toward the more comfort and the more efficient usage. Therefore, the concept of a document should not be limited to a fixed record on a material thing. Rather, it ought to be normatively understood,considering what the statutory provisions regarding document-related crimes intend to protect. Then, Image Files could be subsumed into the meaning of a document under the penal statute. But The Supreme Court’s Precedents is denial that computer image files is document in criminal law. However, considering that the scanned computer image files of the actual transactions frequently used as a way to prove that the attitude of these Supreme Court precedents should be changed. This paper Proposed the following as the basis for the claim to admit the document on a computer image file. The criminal law concept of document when theoretical study can be applicable to image files. Considering that protection of the law document the safety of transactions and credit of can be applicable to Criminal Code that corresponds to the document image file that should be. When considering the relationship between the actual transactions and criminal policy stance in the image file to the document must admit. Transactions relationship in the reality the electronic form of the document is going to replace paper documents. Many individual laws is accounted electronic documents are documents. in this situation, It is not advisable that electronic documents was not document, only in criminal law, because it exists electronically. It is reasonable to the electronic document as object of document. the existence of the original image file. Because image file assume that the existence of the original image file and it has reliable format and appearance to holder’s document.