The meaning of "use of a credit card" in the crime of illegally using a credit card under Article 25 (1) of the Credit Card Business Act and whether the act of signing and delivering it on the sales slip constitutes the crime of forging a private document and the crime of uttering (negative)

Article 25(1) of the Credit Card Business Act provides that a person who forges or alters a credit card or uses a stolen, lost, forged, or altered credit card shall be punished by imprisonment for not more than seven years or by a fine not exceeding 50 million won. The term "use of a credit card which is the constituent act of the crime of the crime of the unlawful use" refers to a series of acts by which a credit card holder presents a credit card to a chain store for payment, which is the original use of the credit card, and sign and deliver it on the sales slip, and does not merely refer to the act of presenting a credit card. Thus, even if the signature and delivery of the sales slip meet the constituent elements of the crime of forging and uttering of the private document, the crime of forging and uttering of the said private document is incorporated into the crime of the unlawful use of the credit card, and only one crime of forging and using the private document is established separately.

Articles 231, 234 of the Criminal Act, Article 25(1) of the Credit Card Business Act

Defendant

Prosecutor

Seoul Criminal Court Decision 91No4563 delivered on November 27, 1991

The appeal is dismissed.

We examine the prosecutor's grounds of appeal.

1. According to the records, on December 22, 1990. 22:30 of the facts charged in the case, the prosecutor maintained a sales slip 1 in the name of the above Kim Jong-Un's name, which is a private document stating the defendant's name on the right and duty, and held the above Kim Jong-Un's name, which is a private document stating the defendant's name on the name of the defendant's name, and held the above sales slip 1 in the name of the defendant's name, "the defendant issued the above 371 sales slip 1 to the above 70-371 of the Dongjak-gu Seoul, Seoul, which is the main place for the operation of the fixed credit card 78,00 won, such as alcoholic beverages and Ansan, etc., and issued the above 18,000 won to the above 70-371, which is the main place for the operation of the fixed credit card , and held the above 1-party's name and the above 1-party's name and the above 3-party name of the above 1-party evidence.

2. Article 25(1) of the Credit Card Business Act provides that a person who forges or alters, or uses stolen, lost, forged, or forged credit cards shall be punished by imprisonment with prison labor for not more than seven years or by a fine not exceeding 50 million won. The term "use of a credit card, which is the constituent element of the crime of unlawful use" refers to a series of acts by which a credit card holder presents a credit card to a chain store for payment, which is the original purpose of use of the credit card, and sign and deliver it on the sales slip, and does not merely refer to the act of presenting a credit card. Thus, even if the signature and delivery of the sales slip meet the constituent elements of the crime of forging and uttering of the private document, it is reasonable to view that the crime of forging and uttering of the said private document is incorporated into the crime of unlawful use of the credit card, and it is not established separately as the crime of forging and uttering of the private document.

Although it is clear that the court below committed an unlawful act of misunderstanding the legal principles as to the number of crimes of forgery of private documents and unlawful use of credit cards in relation to the crime of fabrication of private documents and the crime of fabrication of private documents and the crime of unlawful use of credit cards, and found the defendant not guilty separately for the crime of fabrication of private documents and the crime of unlawful use of credit cards, it is therefore justified.

The appeal shall not be accepted by the judgment of the court below which judged that the defendant's act did not constitute the crime of forging and uttering private documents, and that the judgment of the court below is unlawful, and it shall not constitute the crime of forging and uttering private documents.

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Song Man-man (Presiding Justice)