5 February 2021
On October 8, 109, the Taiwan High Court made the 109 Annual Appeal No. 2966 Judgment (hereinafter referred to as this Judgment), stating that after using another person’s personal information to apply for a credit card without consent, then using that person’s name to hold the credit card for consumption In addition to the crime of forging a private document, the crime of illegally using other people’s personal data and fraud is also guilty of the crime of illegally using other people’s personal data.
This judgment points out that after A obtained the identity certificate of acquaintance B in an unknown manner, he used B’s personal data to apply for a credit card without B’s consent, and forged B’s signature on the "OO Bank Credit Card Application Form" to apply for a credit card from OO Bank After the false content of the private document, the application and the copy of the B national identity card held by it were handed over to the bank undertaker for use, causing the undertaker to misbelieve that the credit card was issued by B himself. Because the defendant forged the signature of B on the "OO Bank Credit Card Application Form", it was a stage of forging private documents. The forged private documents were re-held for use. The low-level behavior of forging private documents should be the use of forged private documents. It is not a separate crime to absorb the high-level behavior.
In addition, A then fraudulently used the name of B to use the credit card to make purchases. It was fraudulently using another person's credit card without the intention to pay, and forged the original cardholder's handwriting to sign on the billing slip, causing the special store to be mistaken and misunderstood. The perpetrator is the original cardholder, and the provision of certain property or services to the perpetrator should be consistent with the elements of the crime of fraud.
To sum up, the above-mentioned acts of A obtaining B's identity certificate to apply for a credit card and fraudulently using B’s name to use the credit card for consumption, except for illegal use of B’s personal data, which violates Article 19, Paragraph 1, Paragraph 5 of the Personal Data Protection Act In addition to the crime of illegally using other people’s personal data in Article 41 of the Personal Data Protection Act, it also violates the crimes of using forgery of private documents in Article 216 and Article 210 of the Criminal Law. It is an imaginary joint criminal. According to Article 55 of the same law, One heavy punishment for the crime of illegally using other people's personal data.
For further information, please contact:
Lawyer Jiang Xiaoxuan, Lee Tsai & Partners
lawtec@leetsai.com
