타인의 예금통장으로 예금을 무단인출하고 바로 반환한 사람의 형사책임

Abstract

Through the criminal case 2010. 5. 27. 2009 Do 9008, the Korean Supreme Court decides that if a person has stolen another's bankbook and withrawn a cash by using it at a bank and returned it immediately, he is guilty of the crime of the bankbook theft. In the several criminal cases before, however, the Korean Supreme Court have been in a position that if a person has stolen another's cash card or credit card and withrawn a cash by using it at the automatic machine(ATM) and returned it immediately, he has not been guilty of the cash card or the credit card theft. This paper reviews the attitude of the Korean Supreme Court toward the bankbook theft and the cash card of credit card theft critically and suggests some reasonable solutions. The contents of this paper is as follows;

[The Process of the Case] [The Summary of the Judgement] [Review] I. Introduction II. The Comparison between the 'Zueingung' of a bankbook and that of a Cash Card III. The Criminal Theoretical Meaning of the Immediate Return of a Bankbook or a Cash Card. IV. Some Reasonable Solutions V. The Relating Issues