| Summary: | 碩士 === 國立臺北大學 === 法律學系一般生組 === 107 === In 1997, to deal with the commitment of “Machine Cheating”, Taiwan enacted amendments of §339-1 to §339-3 in the Criminal Code of Republic of China (the Criminal Code). By comparing the new amendment of §339-3 with the §263a of the German Criminal Law, this thesis mainly focused on the interpretation of “Unlawful Method”, ”Input”, ”False Information”, “Unlawful Instruction Code” , and other statutory elements. Furthermore, this thesis pointed out the lack of certain type of enactments, which would correspondingly govern crimes of computer cheating.
The element “Automatic Payment Machine” of §339-2 also belongs the concept of “Computer”. This leads to the induction that a perpetrator could violate §339-2 and §339-3 at the same time. Since the Legislator has already enacted §339-2, imposing §339-2 on perpetrator would suffice. However, the interpretation of “Unlawful Method” is quite controversial. Some asserted “The Similar Character of Fraud”, some argued “Subjective Intent”, and others claimed “Service Terms of Machine”. In other words, the interpretation of Unlawful Method plays a key role to simultaneously satisfy the Legislator’s initiative of §339-2 as well as the principle of clarity and definiteness.
The element “Automatic Charge Machines” of §339-1 consists of many variations. Some serve by gear wheels, and others function by computer program. Therefore, whether all Automatic Charge Machines belong to the element “Computer” of §339-3 depends on case-by-case. In short, the “Unlawful Method” of §339-1 means the fact pattern that conductor benefits from the operation of machine, but actually she does not pay money out of her pocket.
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