과장·허위광고와 사기죄의 기망

• 영문명: False and puffery advertisement and fraud
• 발행기관: 한국형사법학회
• 저자명: 이승준(Lee, Seung-Jun)
• 간행물 정보: 『형사법연구』형사법연구 제21권 제1호, 329~352쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.01.28

영문 초록

False and puffery advertising which are link with the margin of value judgement and factual assertion as the area where the solution in the business relations of the capitalistic society is hard little by little. The division of puffery advertisement and false advertizing are problem of degree and existence with separate way, and it could be recognized with circumstances all fraud, but in the recognition of fraud, the degree of puffery advertisement is savage more strongly. From here, abstractive criterion of theory and judicial precedent which is identical with the civil suit of the cancellation in compliance with a fraud and claim for compensation is not appropriate because it ignored the essential difference of the civil case and criminal case. To prevent the infinite expansion of fraud punishment and to mortgage prediction possibility, the new criterion is necessary. The concrete criterion of judging the fraud in the false and puffery advertising is what is decisive in the purchase decision-making of the consumer, influences substantially. Here are the possibility of trying to present concrete three kind criteria which are uncertainty, non-objectivity and mistaken recognition possibility at the scale which judges. The core of fraud characteristic judgement is that it deprives the possibility of the selection different against the goods or service of the consumers caused by with the advertisement, and it was caused by with it and effect them went mad to the selection or conduct of the consumer

목차

Ⅰ. 問題의 提起

Ⅱ. 誇張·虛僞廣告와 欺罔行爲의 成否

Ⅲ. 欺罔行爲 判斷의 基準定立

Ⅳ. 欺罔行爲 判斷基準에 따른 判例의 再檢討

Ⅳ. 結論

Abstract

키워드

과장·허위광고 기망행위 불확실성 비객관성 오인가능성 false and puffery advertising fraud uncertainty non-objectivity and mistaken recognition possibility