컴퓨터등 사용사기죄와 친족상도례조항의 적용여부에 관한 대법원 판례 평석

Commentary on the Supreme Court Precedent as to Application of Fraudulent Use of Computers and Crimes and Code of Complaints among Relatives

In a case where a grandson stole a Nonghyup Agricultural Cooperative of his grandfather and applied this to an ATM in order to transfer money to his account, the Supreme Court decided that crime and relationship in Article 345 of the Criminal Law should not be applied in relation to the background presented in Article 328 for the reason that Nonghyup Agricultural Cooperative pertained to a victim covered in fraudulent use of computers as stated in Article 347-2. Specifically, the crime and relationship rationale could not be applied as the financial institution still bore the debt to pay to the account owner while a significant amount of the transferred settlement had to be borne toward a different financial institution based on relations pertaining to money transaction. This means that the financial institution shall pay a significant amount of the transferred money doubly, leading the Supreme Court to decide that it was a financial institution of relation transactions. This was the basis for the decision that the crime and relationship rationale could not be applied to the grandson's crime. However, the grandson transferred 570,000 Won in his grandfather's bank to his bank account and this amount was reduced from the grandfather's deposited amount, causing a certain reduction from the bankbook. This study is meaningful in that the fact that the grandfather was a victim was clarified In relation to legal characteristics of bankbooks from the perspective of larceny and fraudulent use of computers.