소위 부동산 '알박기'에 대한 부당이득죄의 성립 범위와 한계

• 영문명: Under Criminal Law, the Establishing Range and Limit of Undue Profit Crime Through Real Estate 'Albaggi'
• 발행기관: 한국형사정책학회
• 저자명: 박혜진(Park, Hye Jin)
• 간행물 정보: 『형사정책』刑事政策 第21卷 第2號, 369~392쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.12.30

영문 초록

According to criminal law, undue profit crime punishes the behaviour of acquiring remarkably unjust benefit or by using the destitute state of a man which it acquires to the third party that is, the excessive profits behaviour Recently, the so called, real estate 'albaggi' is discussed to the new discipline area of the undue profit crime Generally speaking, the real estate 'albaggi' means waiting for the golden eggs to hatch into the jackpot this is jargon in the real estate business and a kind of speculation In other words, and investor purchases a part of the reserved land for developing, rejects a buyer's requests and resells it at an exorbitant price to the property developer in the end As a matter of fact, such behavior is allowed as freedom of contract under the constitution However, a developer will cover the expenses for any extra fare and an investor makes a healthy of huge profit by requiring more money than the current price or taking a stand against development, while damage is incurred someone regarding the installment sale Today, the real estate 'albaggi' makes various legal troubles and is the target of social criticism and the criminal law is rated as a good regulation of this situation Therefore, I will study the establishing range and limit according to criminal law undue profit crime through real estate 'albaggi' to be specific, I will look at the question from all angles because real estate 'albaggi' has private contract character and it is very difficult to divide justifiable investment and criminal act in actuality so, the subjects of debate are what it is like to be punished for undue profit crime and what are the standards for establishing undue profit crime so on

목차

Ⅰ 문제제기

Ⅱ 형법상 부닥이득죄와 부동산 ‘알박기’

Ⅲ 대법원 판례와 그 판단기준

Ⅳ 맺음말

영문초록

키워드

부동산 알박기 부당이득죄 급박한 곤궁상태 현저하게 부당한 이익 이용행위 real estate 'albaggi' undue profit crime a pressing distress condition the destitute state of a man using