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@article{ART002382804},
author={Song, Seung Eun},
title={The Act of Disposal and Intend of Disposal in Fraud},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2018},
volume={6},
number={3},
pages={209-230}

TY - JOUR
AU - Song, Seung Eun
TI - The Act of Disposal and Intend of Disposal in Fraud
JO - Legal Theory & Practice Review
PY - 2018
VL - 6
IS - 3
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 209
EP - 230
SN - 2288-1840
AB - A person who defrauds another, thereby taking property or obtaining pecuniary advantage from another, shall be punished by imprisonment for not more than ten years or by a fine not exceeding 20 million won. For fraud to take place, there must be deceptive behavior, error and disposition of the defrauded person, the pecuniary advantage or property, and the occurrence of damage. The act of disposition refers to the act or omission of a person who causes the damage directly to the property based on the will. Disposition acts as a component element that is not described, and functions to link the requirements of fraud, such as error and property damage. It is also necessary to dispose of fraud as an element of disposition to distinguish fraud as a self-damaging act from theft as a damaging act. Fraud is an offense that essentially involves deceiving a defrauded person without knowing the consequences of the disposition. And the nature of fraud, which is a self-damage offender, does not require recognition of the consequences of disposition. So the disposition behavior awareness theory is valid. In the cases of signature swindling and refund fraud the defrauded person is aware of the fact that he/she is signing and sealing the disposal document or acting as an ATM. In this cases, the intention of disposition is recognized and a crime of fraud is established. In the latter case, ‘the special act on the prevention of loss caused by telecommunications-based financial fraud and refund for loss’ is applied before the Criminal Code.
KW - Fraud;Disposal;Intend of Disposal;the Self-damage;the Damage by another;Signature Swindle;Refund Fraud.
DO -
UR -
ER -

Song, Seung Eun. (2018). The Act of Disposal and Intend of Disposal in Fraud. Legal Theory & Practice Review, 6(3), 209-230.

Song, Seung Eun. 2018, "The Act of Disposal and Intend of Disposal in Fraud", Legal Theory & Practice Review, vol.6, no.3 pp.209-230.

Song, Seung Eun "The Act of Disposal and Intend of Disposal in Fraud" Legal Theory & Practice Review 6.3 pp.209-230 (2018) : 209.

Song, Seung Eun. The Act of Disposal and Intend of Disposal in Fraud. 2018; 6(3), 209-230.

Song, Seung Eun. "The Act of Disposal and Intend of Disposal in Fraud" Legal Theory & Practice Review 6, no.3 (2018) : 209-230.

Song, Seung Eun. The Act of Disposal and Intend of Disposal in Fraud. Legal Theory & Practice Review, 6(3), 209-230.

Song, Seung Eun. The Act of Disposal and Intend of Disposal in Fraud. Legal Theory & Practice Review. 2018; 6(3) 209-230.

Song, Seung Eun. The Act of Disposal and Intend of Disposal in Fraud. 2018; 6(3), 209-230.

Song, Seung Eun. "The Act of Disposal and Intend of Disposal in Fraud" Legal Theory & Practice Review 6, no.3 (2018) : 209-230.