meaning of unlawful use under Article 70 (1) of the Specialized Credit Financial Business Act, and whether withdrawal of deposits from an automatic cash payer using a stolen debit card constitutes a crime of unlawful use of debit cards (negative)

"Unlawful use" under Article 70 (1) of the Specialized Credit Financial Business Act refers to a true credit card or debit card which is forged, altered, or stolen or lost and used in accordance with the original usage of the credit card or debit card. Therefore, the act of putting a stolen debit card into an online cash automatic machine and withdrawing a victim's deposit can not be included in the concept of fraudulent use under Article 70 (1) of the Specialized Credit Financial Business Act.

Subparagraph 2 and subparagraph 6 of Article 2 of the Specialized Credit Finance Business Act, Articles 13(1) and 70(1)3 of the Specialized Credit Finance Business Act

Defendant

Prosecutor

Seoul District Court Decision 2002No5589 Delivered on June 19, 2003

The appeal is dismissed.

We examine the grounds of appeal.

"Unlawful use" under Article 70 (1) of the Specialized Credit Financial Business Act refers to a true credit card or debit card which is forged, altered, or stolen or lost and used in accordance with the original usage of the credit card or debit card. Therefore, the act of putting a stolen debit card into an online cash automatic machine and withdrawing a victim's deposit can not be included in the concept of fraudulent use under Article 70 (1) of the Specialized Credit Financial Business Act.

According to the reasoning of the judgment below, Article 2 subparagraph 6 of the Specialized Credit Financial Business Act provides that "the term "credit card business" means a card issued by a credit card company so that the provision of goods or services and payment can be done simultaneously by means of electronic or magnetic means between the credit card holders and the credit card merchants." subparagraph 2 provides that "credit card business" means the business of issuing and managing credit cards, which includes two or more business activities among the following items. (a) Payment of amounts related to credit card, (c) Payment of amounts related to the use of credit cards, and (c) Payment and Management of credit card merchants." Article 13 (1) of the same Act provides that "credit card companies may engage in incidental business activities under the following subparagraphs in accordance with the standards prescribed by the Presidential Decree."

The above recognition and determination by the court below are just in accordance with the legal principles as seen earlier, and there is no error in the misapprehension of legal principles as to the crime of use of debit cards, contrary to the allegations in the grounds of appeal. The allegation in the grounds of appeal cannot

Supreme Court Decision 97Do2974 Decided February 27, 1998 cited in the ground of appeal is not appropriate to be invoked in this case as it concerns the interpretation of the crime of unlawful use of credit cards under the former Credit Card Business Act.

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

Justices Kim Yong-dam (Presiding Justice)