전자기록 부정행사의 형사책임

• 영문명: Criminal Liability of Unlawful Uttering of Electromagnetic Records
• 발행기관: 한국형사법학회
• 저자명: 황태정(Hwang Tae-Jeong)
• 간행물 정보: 『형사법연구』형사법연구 제19권 제4호, 261~284쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.01.22

영문 초록

  A few years ago, The Supreme Court of Korea gave a decision upon the use of KT card(deferred payment telephone card issued by Korea Telecom), denying unlawful use of facilities for convenience(§348-2) and admitting unlawful uttering of private document(§236). I think that the argument of the decision is not appropriate in two points of view.
  First of all, It is not rational to admit unlawful uttering of private document. When we use KT card in public telephone, only magnetic stripe of the card is uttered. Criminal Act of Korea has a provisions to punish falsification or alteration of electromagnetic records(§227-2, §232-2), uttering falsified or altered electromagnetic records(§229, §234) and unlawful uttering of official or private document(§230, §236). But the Act does not have a provision to punish unlawful uttering of electromagnetic records.
  Secondly, unlawful uttering of KT card should be valued not only from social point of view but individual point of view. It is very important value to protect individual property as well as to protect social reliance on document. In this case, the accused uttered other person"s KT card without paying price, acquired benefits to property and caused loss to telecomunication service provider or the owner of KT card. For that reason, I think it is needed to admit unlawful use of facilities for convenience in this case.

목차

Ⅰ. 들어가며
Ⅱ. 전자기록의 부정사용과 사문서부정행사죄
Ⅲ. 전자기록의 부정사용과 편의시설부정이용죄
Ⅳ. 마치며
〈Abstract〉

키워드

문서 전자기록 사문서부정행사죄 편의시설부정이용죄 Document Electromagnetic Records Unlawful Uttering of Private Document Unlawful Use of Facilities for Convenience