Whether fraud is established in a case where a woman who sexual intercourses on the premise of receiving money, etc. is relieved of the payment of the consideration for sexual intercourse by deceiving him/her (affirmative)

Generally, sexual intercourse itself with a female cannot be assessed economically, and the promise to have sexual intercourse itself is null and void as it is against good morals and other social order. However, in a case where a female sexual intercourses on the premise that it would receive money and valuables, etc., it constitutes an economic benefit, which is the object of the crime of fraud, and the consideration for such sexual intercourses is an economic benefit, which is the object of the crime of fraud, if it is exempted from the payment of consideration for sexual intercourses by deceiving the female to pay the consideration for sexual intercourses.

Article 347 of the Criminal Act, Articles 103 and 746 of the Civil Act

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jong-soo et al., Counsel for plaintiff-appellant-appellant-appellee)

Defendant

Prosecutor

Attorney Park Byung-chul et al.

High Court Decision 2001No76 decided May 22, 2001

The non-guilty portion of the judgment below shall be reversed, and this part of the case shall be remanded to the High Military Court.

Of the facts charged in the instant case, the lower court determined that: (a) as to the portion of the charge that the Defendant was to pay the consideration, and that he acquired pecuniary benefits by avoiding the payment of the consideration by means of a stolen credit card after having a sexual intercourse with a female employee; and (b) not only can it be an object of property rights, but also so-called “money and valuables received as a consideration for the provision of mutual assistance, which cannot be legally protected against good morals and customs; and (c) thus, even if the Defendant was exempted from the payment by deception, it does not constitute fraud.

Generally, sexual intercourse itself with a female cannot be assessed economically, and the promise to have sexual intercourse itself with the other party to receive money, valuables, or property benefits is null and void as it is against good morals and other social order. However, in a case where a female sexual intercourses on the premise that he/she will receive money, etc., it does not necessarily mean only the economic benefits protected by private law, but also means the economic benefits protected by private law, and where a female sexual intercourses on the premise that he/she will receive money, etc., the consideration for such sexual intercourse constitutes an economic benefit, which is the object of fraud, and thus, it constitutes a crime of fraud.

Nevertheless, among the facts charged in the instant case, the court below acquitted the Defendant on the part that the Defendant had acquired economic benefits by deceiving a female employee to pay the consideration for sexual intercourse, and thereby exempted him from paying the consideration for sexual intercourse. In so doing, the court below erred by misapprehending the legal principles of fraud, thereby affecting the conclusion of the judgment. The grounds

Therefore, the non-guilty portion of the judgment below shall be reversed, and this part of the case shall be remanded to the court below. It is so decided as per Disposition.

Justices Zwon (Presiding Justice)