우리 형법상 사기죄 규정 해석 및 적용과정상의 문제점과 한계 ― 사기죄의 제한해석을 중심으로 ―

Abstract

Since 2015, the number of fraud cases in Korea has exceeded the number of theft cases. So, as of 2015, have we become less theft and more fraud? Of course, there are a number of vicious frauds and these frauds deserve to be punished. However, the reality is that criminal prosecution is rampant in civil affairs, which should be punished for fraud. Since the criminal procedure law stipulates that anyone can file a complaint, and that a complaint case must be accepted as a criminal case, minor disputes between individuals often turn into criminal cases. As various indicators show, Korea has become a Republic of Korea. They try to solve civil and even academic issues by filing a complaint. However, the issue of fraud charges in real life exists in a fairly unrefined relationship until they are accused of fraud in daily trading relations, investigated and indicted by the police, and sentenced by the court to a final ruling. In the case of fraud, there is no way to prove inner confidence, so people generally judge fraud guilty by considering the asset situation at the time of the transaction. However, assuming that there was no will to defraud property by fraud at the time of the transaction, or that there was a willingness to defraud at the time of the investment, is too much for the functionalization of the legal interest concept, which interprets fraud, which is a personal legal interest, too lightly in terms of social legal and interest. There is a aspect that takes the civil issue of bond debt relations too risk-based. The causal relationship between the promise and the payment of the payment after the contract is concluded is reasonable in spring, and in that case, the payment of the payment is based on the judgment that the payment is based on the payment of the contract, if the contract is not related to the execution of the contract or payment after the contract is concluded, even if the donation means are used to conclude the contract, the causal relationship between the promise and the payment is cut off. Therefore, we will discuss the issue of criminal law theory in the recognition of fraud, focusing on the theoretical feasibility and limitations of criminal illegality of civil issues and issues related to the intention to dispose of fraud.