사기등
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. Although Defendant A (hereinafter “Defendant A”) did not commit a crime as stated in the judgment of the court below, the court below found Defendant A guilty of the crime as stated in the judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
B. Defendant C’s punishment (six months of imprisonment) is too unreasonable.
2. Determination
A. As to Defendant A’s assertion of misunderstanding of facts, the conspiracy does not require any legal punishment, but is a combination of two or more persons to jointly process and realize a crime. If the combination of intent is carried out in order or impliedly through a conspiracy, the conspiracy relationship is established if the two or more persons intend to jointly process and realize the crime. As long as such conspiracy was carried out, a person who does not directly participate in the act of execution is held liable as a joint principal offender for the other accomplices’ act (see, e.g., Supreme Court Decision 2013Do5080, Aug. 23, 2013). Taking into account the following circumstances recognized by the evidence duly adopted and investigated by the lower court, the lower court can sufficiently recognize that Defendant A was co-processed in the crime of fraud, fabrication of private documents, and the use of the said document by taking part in withdrawing the money obtained through deception by an international financial organization of age as stated in the facts of the crime in the lower judgment, thereby jointly processing the crime of fraud, forgery of private documents, and the use
Therefore, the court below's finding Defendant A guilty is just and acceptable, and there is no error of law by misunderstanding the facts as alleged by Defendant A, and the above misunderstanding of the facts by Defendant A and his defense counsel is not accepted.
1) A or U.S. witness of the lower court is either the Defendant or U.S. in the court of the lower trial by exchanging the money wired to Korea by Defendant A as a member of the international financial criminal organization of the age of Defendant A and the money wired to Korea.