Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for a year and six months.

Defendant

B.

A. Error 1) Since the Defendants misrepresented Hyundai Capital at the time of the instant crime, there was no participation in the instant crime in collusion with accomplices in relation to Bosing crimes committed by misrepresenting a financial institution or government office other than Hyundai Capital. 2) The Defendants were merely subordinates of the instant telephone financial fraud organization and did not actively participate in the instant crime. As such, the Defendants were not liable as joint principal offenders for the crimes committed after the Defendants returned from China to China (Defendant A, December 16, 2013, and September 27, 2013).

3) Nevertheless, the judgment of the court below which found the Defendants guilty of the whole facts charged is erroneous by misunderstanding facts, which affected the conclusion of the judgment. B. The judgment of the court below on the grounds of unfair sentencing (each of the defendants' imprisonment and June, is too unreasonable.

2. Determination

A. At least 12 persons on the assertion of mistake of facts do not require any legal form of conspiracy in a co-principal relationship that is jointly processed for a crime, but only a combination of intent to realize the crime by combining two or more persons to jointly process and realize the crime. Although there was no process of the whole conspiracy, if the combination of intent was formed by either successively or implicitly and through the agreement between several persons, the conspiracy relationship is established, even if there was no direct participation in the conduct of the conspiracy, and even if there was no direct participation in the conduct of the conspiracy, he/she is liable for the act of another co-principal as a co-principal. In the case of a co-principal, if one of the co-offender has left from the conspiracy relationship before the other co-principal reaches the other's execution, he/she shall not be liable as a co-principal with regard to the act of the latter co-principal. However, he/she