타인명의 신용카드 부정사용의 형사책임과 재조명

This Article examines the criminal liability of the illegal use of illegally acquired another person’s credit card. In order to that, first, Part Ⅱ of this Article deals with the crime of the illegal use of credit card by the Act of Specialized Credit Finance Business. Second, Part Ⅲ of this Article considers the crimes that can be established or not in case of illegal use of another person’s credit card such as the nterfeit of private document, the uttering of falsified private document, the theft, the fraud by Use of Computer, the fraud. Third, Part Ⅳ of this Article figure out the relations between the crime of illegal use of credit card by the Act of Specialized Credit Finance Business and the fraud(or theft). The most problematic point of the criminal liability of the illegal use of another person’s credit card is overlapping criminalization. The crime of the illegal use of credit card by the Act of Specialized Credit Finance Business prohibit the conduct that is already criminalized by the fraud. It would be necessary to take into consideration on excessive punishment produced by expansions and overlappings in criminal statutes. It is because while legislators can create new crime easily, the punishment seems hard to contracting. Finally it is demanded for courts to engage in and control the situation focusing on concurrent crimes, thereby deterring excessive punishment.