사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant, upon the E’s request, introduced AA to E, was involved in the crime Nos. 1 and 2 in the instant indictment, and did not know the remainder of the crime.
Nevertheless, the defendant was involved in the remaining crimes as a joint principal offender.
Recognizing this part of the facts charged, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2) The punishment of the lower court is too heavy.
B. The Prosecutor’s sentence to the lower court is too minor.
2. Judgment on the Defendant’s assertion of mistake of facts
A. At least two co-offenders who are jointly engaged in a crime do not require any legal penalty, but only two or more persons conspired to commit a crime and to realize the crime, and there was no process of the whole conspiracy.
Even if there is a combination between several persons, a public contest relationship is established, and even if a person who did not directly participate in the act of the commission, even if he was involved in the act of the commission, he/she is held liable as a principal offender for the act of another person, and the above public contest can be recognized by the circumstantial facts and empirical rules without any direct evidence (see Supreme Court Decision 2003Do4320, May 11, 2006, etc.).B. In full view of the following facts and circumstances acknowledged by the evidence examined by the court below and the court below, the defendant introduced the "AC" and the "E" as a member of the Hassc criminal organization and the "E" as a provider of the account of the criminal organization, and the defendant was not aware of the remainder of the crime other than the crime No. 1 and No. 2 of the attached Table 2 of the judgment below.
even, AC.