정보사회에서 가상재산 형사보호의 정당성 - 허우꿔윈(侯國雲)교수와의 논의 -

There is an article by professor Hou Guo-yun in which he puts forward the standpoint that the criminal protection for the fictitious property is illegitimate. However, this article doesn’t accurately grasp the characteristics of fictitious property and the denial of the attributes of property and value of fictitious property is void of theoretical foundations. It isn’t supported in legal theory to say that transactions between fictitious property and true property are against the law of value and the rule of value exchange. It isn’t supported in law to say that transactions between fictitious property and true property do great harm to the order of financial management. It isn’t supported in legal theory to say that the protection for fictitious property is extremely harmful to society. It is not a scientific choice to let fictitious property stay in fictitious space. In fact, it is legitimate to protect fictitious property in the criminal law, and the offender who steals or defrauds fictitious property should be investigated into criminal responsibility in accordance with the relevant charges of encroachment upon property if he constitutes a crime.