虛僞ㆍ誇張廣告의 詐欺罪 成否 - 不動産廣告를 중심으로

Real Estate Advertisement and Realization or Failure of Fraud －Focusing on Real Estate Advertisement－

&nbsp;&nbsp;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&quot;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&quot;s main purpose is to deceive another to enter a transaction of property.<BR>&nbsp;&nbsp;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.<BR>&nbsp;&nbsp;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.