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(영문) 대법원 2017.03.30 2014도9539

사기

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Fraud is established by deceiving another person to take property or gain pecuniary advantage by inducing such act of disposal (see Supreme Court Decision 2000Do1155, Jun. 27, 200). Meanwhile, whether a certain act constitutes deception that causes mistake to another person, and whether there is a relationship between such deception and disposal of property should be determined generally and objectively by taking into account the circumstances of the transaction, the other party’s knowledge, character, experience, occupation, and other specific circumstances at the time of the act (see Supreme Court Decision 87Do1872, Mar. 8, 198). In addition, in a case of fraud involving deception of one property, if there is a delivery of property due to deception, it constitutes infringement of the victim’s property and thereby constitutes fraud, and there is no substantial payment for the victim or damage to the whole property (see Supreme Court Decision 200Do11550, Jun. 27, 200).