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張榮敏 梨花女子大學校 法學硏究所 2003 法學論集 Vol.7 No.2
In this article, the author analyzes some types of (one’s own or others’) credit card abuse and examines the applicability of some statutes and regulations on these abusing activities. He finds the following results in this analysis. 1. He who takes others’ credit cards and uses them for buying some goods commit fraud besides theft(concerning credit cards themselves). 2. He who takes others’ credit cards and draws money from an ATM on credit commits theft. 3. He who draws some money from ATM with others’ credit cards without their permission commits theft. 4. In above-mentioned 3 cases, he offends the regulation against credit card abuse(the crime of credit card abuse) as well. 5. He who has credit card companies issue credit cards in his own name without any ability and intention to repay for the credit commits fraud. 6. He who uses his own credit card for buying some goods without any ability and intention to repay for the credit commits fraud. 7. He who uses his own credit card for drawing money from an ATM on credit without any ability and intention to repay for the credit does not offend any regulations at all.
장영민 한국형사판례연구회 2015 刑事判例硏究 Vol.23 No.-
In this article the author tries to find an element in dolus eventualis case that makes it a crime with criminal intent, not of negligence. For that purpose he analyzes mens rea, the subjective element of crime, and tries to compare the theories of dolus available in korean criminal law scholarship. Korean criminal law does not have any category similar to ‘recklessness’ in anglo-american law, so the cases subsumed by that category should be classified as either crime with intent or negligence. The author insists after some theoretical investigation on the themes around the criminal intent that the essential element in the dolus eventualis cases the criminal’s attitude of taking result seriouly during committing a crime. So if a criminal took the result seriouly, which at last occurred after her performing some activity, the result can be regarded as committed with criminal intent.