재산범죄에서 이득액에 관한 연구

Abstract

According to benefit amount punishes the Additional Punishment Law of Special Property Crime in Korea differently. Like this, if the benefit amount in the property crime is applicable to the crime constituent, man should prove this by the strict proof, so that the benefit amount must be confirmed or can be confirmed. As a result shows the decision of the benefit amount the possibility which grasps whether the property crime in Korea is the dangerous tiger or the invasion tiger. If man cannot determine the benefit amount, that is nothing but a possibility of the benefit still. That means to not reach to the formation of the property crime. Because man understands the fixed need of the benefit amount about protection of the property crime as the invasion crime. The potential future benefit is not the real benefit in the Additional Punishment Law of Special Property Crime. Therefore, this property crime must not be in the dangerous crime. When moreover calculating the value of the benefit, the specification of the benefit amount is required.