자기명의 신용카드의 ‘발급’과 관련된죄책에 대한 검토

The increase was a blow to the Korean government, which has been launching a series of measures to rein in the nation's runaway credit delinquency triggered by unbridled credit card issuances and liberal cash advance allowances in recent years. In other words, The card companies' reckless issuance of credit cards is causing a serious social problem and has caused the credit card confusion. About responsibility for a crime that acquisition of own credit card without capacity to pay or intention to pay show different views. An existing theories are positive theory of fraud and negative theory of fraud. But we don't know a certain opinion of the Supreme Court. So the solution of this problem entrusts a interpretation with the authority. The contents of this study is as follow; Ⅰ. Introduction Ⅱ. The existing discussion about issue of own credit card 1. opposition of theories 2. judicial precedent Ⅲ. The decriminalization about issue of own credit card 1. A prior condition for demonstration of discussion 2. A judgement of fraud about capacity to pay Ⅳ. Conclusion