전자절도의 형사책임에 관한 연구

Abstract

The definition of Electronic Theft is the crime that violates information by elctronic methods for purpose of property. This can be divided into several types; Property crime, Violation of privacy or secrecy, data sabotage and Violation of public interests. This study aims to survey the problems and suggestions on electronic theft and I conclude as follows. Firstly, it is necessary to discuss about the concept of goods in Criminal Code. Because information is not goods, criminal act is not applicable to electronic theft. Therefore, the opinions that expand the definition of goods or include data to the provision of regarding goods article §346 in criminal act is present. Secondly, the differences between information and privacy or secret. Current legal system make a distinction between protection of information and privacy(secrecy), but it would be amended to unify, because it is difficult to discriminate privacy(secrecy) from information in electronic theft. Basically, electronic theft have to be regarded as a kind of property crimes, so additional types of electronic theft are supplementary and concurrent crimes. Further, if electronic record has the nature of document according to the Basic Act on Electronic Commerce §3, the existing concept of document in criminal act is obliged to be amended. Therefore it is needed for new interpretation of the concept of document in criminal act. Lastly, I recognize and conclude that new interpretations and legislations about electronic theft should be brought up.