Judgments of the Supreme Court

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2005 (A) 1601

Date of the judgment (decision)

2006.02.14

Case Number

2005 (A) 1601

Reporter

Keishu Vol. 60, No. 2

Title

Decision ruling that in a case where a person misappropriated the name of the registered holder and other data of a stolen credit card, input and sent such data to the computer used by the credit card transaction agent, thereby acquiring the right to use electronic cash, the person should be deemed to have committed the crime of computer fraud

Case name

Case of rape, extortion, larceny, and computer fraud

Result

Decision of the First Petty Bench, dismissed

Court of the Prior Instance

Osaka High Court, Judgment of June 16, 2005

Summary of the judgment (decision)

Where a person misappropriated the name of the registered holder and other data of a stolen credit card, input and sent such data via the Internet to the computer used by the credit card transaction agent, provided the computer with false information to the effect that the registered card holder applied to purchase electronic cash, and produced a false electromagnetic record on the purchase, thereby acquiring the right to use electronic cash, the person should be deemed to have committed the crime of computer fraud.

References

Article 246-2 of the Penal Code
(Computer fraud)
In addition to what is prescribed in the preceding article, where any person produces a false electromagnetic record on acquisition or loss or alteration of property rights by providing false information or unauthorized command to a computer used for the administration of affairs conducted by another, or puts such false electromagnetic record in use for the administration of affairs conducted by another, thereby acquiring illegal property benefit or causing a third party to acquire such profit, such person shall be punished by imprisonment with work for not more than 10 years.

Main text of the judgment (decision)

The appeal to the court of the last resort shall be dismissed.
The 120 days of pre-sentencing detention for this instance shall be included in the sentence.

Reasons

Among the reasons for appeal to the court of the last resort argued by the counsel YASHIKI Tetsuro, the one alleging violation of the Constitution is in effect nothing more than a claim of violation of laws and regulations, and the rest are claims of inappropriateness in sentencing, and none of these arguments can be regarded as a legal reason for appeal to the court of the last resort.
The reasons for appeal to the court of the last resort argued by the accused are nothing more than claims of violation of laws and regulations, errors in fact-finding or inappropriateness in sentencing, and none of these arguments can be regarded as a legal reason for appeal to the court of the last resort.
After considering these arguments, however, we decide to make judgment ex officio regarding whether or not the accused should be deemed to have committed the crime of computer fraud.
According to the original judgment and the findings of the judgment of the first instance, which was maintained by the former, the following facts can be found. In an attempt to misappropriate the card number of a stolen credit card and illegally acquire electronic cash generally used for the payment of charges for e-mail services via cellular phones provided by online dating sites, the accused input and sent, on five occasions, with the use of a cellular phone and via the Internet, the name of the registered holder of the credit card, the card number, and the expiration date to the computer that was used by the credit card transaction agent for the administration of affairs including sale of electronic cash, and offered to purchase electronic cash by choosing to pay the price with this card. Through this process, the accused produced an electromagnetic record to the effect that the registered cardholder purchased electronic cash totaling 113,000 yen, thereby acquiring the right to use electronic cash of this amount.
According to the facts mentioned above, despite the fact that the registered holder of the credit card made no offer to purchase electronic cash, the accused input and sent the card number and other data to the computer, provided the computer with false information to the effect that the registered card holder offered himself to purchase electronic cash, and produced a false electromagnetic record on the acquisition or loss of property rights, or more specifically, the record on the purchase of electronic cash by the registered card holder, thereby acquiring illegal property benefit arising from the right to use electronic cash. Therefore, the determination of the court of the second instance, which regarded the accused as having committed the crime of computer fraud, is justifiable.

Therefore, according to Article 414, Article 386, para.1 item 3 and the proviso of Article 181, para.1 of the Code of Criminal Procedure and Article 21 of the Penal Code, the decision was rendered in the form of the main text by the unanimous consent of the Justices.

Presiding Judge

Justice SHIMADA Niro
Justice YOKOO Kazuko
Justice KAINAKA Tatsuo
Justice IZUMI Tokuji
Justice SAIGUCHI Chiharu

(This translation is provisional and subject to revision.)