Kihun stole his mother’s debit card and withdrew money from a cash machine with the card in the first episode. For what charge will he be penalized?
(1) Larceny (stealing her mother’s debit card and withdrawing money)
(2) Larceny (stealing the money of the owner of the cash machine)
(3) Fraud by Use of Computer etc (making data processed after inputting a false information and improper order)
(4) He won’t be penalized.
The answer is (2) Larceny (stealing the money of the owner of the cash machine). The money was under the control of the owner of the cash machine. Larceny means stealing the property occupied by another.
Then won’t he be punished for stealing his mother’s debit card? According to Korean Criminal Act, when the larceny is committed against lineal blood relatives, punishment shall be remitted.
Therefore, he won’t be penalized for stealing the card.
Then what about inputting another person’s password into the cash machine? Please refer to the following article of Criminal Act;
Article 347-2 (Fraud by Use of Computer, etc.)
Any person who acquires any benefits to property or has a third person acquire them, by making any data processed after inputting a false information or improper order, or inputting or altering the data without any authority into the data processor, such as computer, etc., shall be punished by imprisonment for not more than ten years, or a fine not exceeding 20 million won.
[This Article Wholly Amended by Act No. 6543, Dec. 29, 2001]
According to the article above, the objects of the crime are “benefits” to property, but the money is considered to be property. So the case doesn’t fall under element of the crime.