사기죄의 보호법익과 처벌범위에 대한 고찰 - 소비자보호의 관점에서 -

Abstract

This paper examines the characteristics of the illegal structure of fra ud and discusses how to understand fraud from the viewpoint of consu mer protection. In the crime of fraud, the illegal act is 'deceit', and thi s 'act of deceit' constitutes an essential element of the crime of fraud. However, because of the uncertainty of the concept of 'deceit', fraud is a crime that can easily be extended, and concerns about it remain. In t he end, I think the interpretation of the crime of fraud is to distinguish between punitive deception and cases where it is not. In addition, whet her or not punitive deception cannot be judged apart from the protected legal interests of fraud. Then, depending on the extent to which the pr otected legal interests of fraud are acknowledged, the recognition of punitive fraud will also differ. I think it is appropriate to view the protected legal interests of fraud a s property (property and property interests) and 'freedom of property disposal', where 'property' is understood based on individual property th eory(which is an interpretation faithful to our legal text) and not the w hole property theory that requires "property damage". In judging the 'fr eedom of disposition of property', the author argues that the viewpoint of consumer protection should be considered by reflecting the changed modern society. The function inherent in criminal law is primarily to pr otect the legal interests of members of society. In a constitutional stat e criminal law cannot help but pursue the criminal policy goal of crime prevention. Unlike theft, fraud is a cunning criminal act using human-to -human transactions or communication. In fact, many damages are caus ed by special fraud such as illegal multi-level marketing or deposit tak ing. At this point, I think that the 'legal interest protection function' of fraud in relation to 'consumer transaction' should be discussed as an ur gent issue.