신용카드 관련 재산범죄에 대한 판례이론의 비판적 검토

Abstract

This paper reviews critically on the attituted of the Korean Supreme Court to the credit card related property crimes and suggests the reasonable solutions of them. The contents of this paper is as follows;

I. Introduction

II. The Legal Nature of Acquisition and Use of the Credit Card 1. The Legal Nature of Acquisition of the Credit Card 2. The Relationship between the Illegal Acquisition and the Use of Credit Card. 3. Review of the Cases

III. The Property Crimes Relating to Another Person's Credit Card 1. The Illegal Issuance of Another Person's Credit Card 2. The Illegal Issuance and Use of Another Person's Credit Card 3. The Illegal Acquisition and Use of Another Person's Credit Card 4. The Use of Another Person's Credit Card beyond Trust

IV. The Property Crimes relating to One's Own Credit Card 1. The Illegal Issuance and Use of One's Own Credit Card 2. The Illegal Use of Legally Issued One's Own Credit Card

V. Conclusion In this paper, the legal nature of the acquisition of the credit card is considered as the acquisition of the property profits. On this basis are analysed the nature of the illegal issuance and use of another person's credit card and the nature of the illegal issuance and use of one's own cerdit card. The research mothod of this paper is the literatural approach.