신용카드 범죄에 관한 연구

Abstract

As rapid progress of science, the use of credit card is expanded as means of settlement for purchase or taking service not only at the stores affiliated with the credit cards(Off-line) but also Internet(On-line). In proportion to this expansion, the crime of credit card is grown. These crimes are made to harm to private property and further more made dangerous to appropriate function of credit cards because of threat to 'business by credit cards', what was created by between credit card company and its customer.

But, the purpose of existing Specialized Credit Financial Business Act is supporting sound and creative growth of credit cards company, people's convenience of finance and contributing to the development of national economy, so it is not sufficient for crime of credit cards. First, there is no penalty clause about the recent issue related to fraudulent use of self-nominal credit cards. Secondly, the penalty for fraudulent use of credit cards under Specialized Credit Financial Business Act, as a special law, is 7 years, but penalty for fraud under Criminal Law, as a general law, is 10 years. There is no equity.

In this study I inquired into existing criminal responsibility about crime of credit card, especially illegal acquisition and fraudulent use of credit cards, relationship between Specialized Credit Financial Business Act as a special law and Criminal law as a general law and problems and countermeasure of existing Specialized Credit Financial Business Act and Criminal Law.

To prevent misuse of credit cards, participating stores must follow the directions of checking identity set forth in the credit loan financing law. A law must be established to let the credit card companies to reject sales bill if a credit card crime has been committed due to not checking the user's ID.

The credit card members should cooperate to settle a credential society by protecting public trust of credit cards. Also, they should cooperate actively in ID checking of participating stores thinking it can protect their damages too. Moreover, a system of everytime inputting a password by transaction using a credit card should be established. And principally, a system prohibiting the use of easy-to-find passwords, such as phone numbers or registration must be established as well. It is only right to see a participating company as the deceived in a transaction by a credit card, and the victim, as a result, is the credit card company. Also, an act of using an illegally acquired credit card in another person's name is considered as a substantial struggle between a fraud of the criminal law and an illegal use of the credit loan financing law. An using a credit card of another person's name in an ATM is considered as a fraud against the computer use since the computer use fraud law of Clause 347 has been revised in December 19, 2001 to include 'unauthorized inputting of and altered information to process' as a constitutional condition.

The theories of thief, fraud, and innocence are debated about an act of withdrawal of cash from ATM without desire to pay. However since it is an act of damaging the credit card company by deceiving the credit card company, the theory of fraud is right. Crimes regarding sales bill are usually a crime committed by a participating store. To prevent these crimes, credit card companies must examine harder as it would in recruiting participating stores. In other words, credit card companies should consider that not only being interested in income from credit card fees but also recruiting qualified stores is a shorter way to set a credential society and a survival strategy of credit card companies. Furthermore, they should examine sales bills more carefully to not overlook any illegal activities of participating stores and check participating stores to look for any abnormal increase in sales.

There are many special crimes committed by people with a lot of knowledge in the structure of credit card transactions and computers in credit card related crimes. Thus an investigation and proving the crime is difficult. To deal with these crimes, investigators with professional knowledge should be obtained and a continuous research about criminal techniques such as collecting and analyzing criminal cases. Although the credit loan financing law has regulations to deal with so called credit card loans, there are many flyers advertising credit card loans and many people know that there are credit card loans in fact. This situation will incapacitate criminal laws by allowing selected application of criminal laws.