虛僞ㆍ誇張廣告의 詐欺罪 成否 - 不動産廣告를 중심으로

• 영문명: Real Estate Advertisement and Realization or Failure of Fraud －Focusing on Real Estate Advertisement－
• 발행기관: 중앙대학교 법학연구원
• 저자명: 金泰秀(Kim Tae-Soo)
• 간행물 정보: 『법학논문집』法學論文集 第31輯 第1號, 647~664쪽, 전체 18쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.08.30

영문 초록

  The fraud in the context of property law does not appear simply as a deception of others but as a form of an act that exploits a person"s defrauded state, to dispose the property. The Korean substantive criminal statute merely provides "by frauding people". The provision should include not only factual aspects but also prescriptive aspects. Although a transaction involves the widespread practice of exaggeration or fabrication, the transaction should be considered as a fraud when an actor"s main purpose is to deceive another to enter a transaction of property.
  Even though both fabricative and exaggerative advertisements clearly constitute frauds, these forms of frauds should be justified as an reasonably justifiable act based on the article 20th of the Korean substantive criminal statute.
  The mere display of fabricative or exaggerative advertisements is not a meaningful commencement of frauds. Rather, an act of fraud should be considered to start when a purchaser is personally told about fabricative or exaggerative advertisements or called from a seller. That is, it should be considered as a commencement of a criminal fraud when an actor exploits a defrauded and confused purchaser.

목차

Ⅰ. 머리말
Ⅱ. 허위광고ㆍ과장광고의 구별
Ⅲ. 허위ㆍ과장광고가 기망이 되는 기준
Ⅳ. 기망시점
Ⅴ. 맺는말

키워드

부동산(real estate) 허위광고(fabricative advertisement) 과장광고(exaggerative advertisement) 기망(fraud)