사기
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the defendant is only a person who has suffered damage from the criminal organization of Bosing, and there was no false intent to obtain money in collusion with the criminal organization of Bosing, and the defendant did not intend to obtain money (misunderstanding of facts, misunderstanding of legal principles). 2. The joint principal offender under Article 30 of the Criminal Act is jointly and severally committing a crime by two or more persons. In order for the joint principal offender to be established, it is necessary for the joint principal offender to have committed a crime through functional control by the joint doctor, which is a subjective element, by the intention of joint processing and objective requirements (see Supreme Court Decision 2001Do4792, Nov. 9, 201, etc.). Since two or more persons jointly processing a crime, the conspiracy is not required under the law, and if two or more persons jointly intend to commit a crime and realize a crime by committing a joint crime, it becomes a combination of intent to do so in a successive or secret manner.
Therefore, the joint principal offender of fraud was unaware of the method of deception in detail.
In light of the aforementioned legal principles, the Defendant, while recognizing the fact that the instant fraud was a scam crime, performs the role of delivering cash in accordance with the instructions of a person who was not killed in the name during the entire crime, can be sufficiently recognized as a co-principal who performed the function control through the intrinsic contribution, by making a public offering in order and implied manner with accomplices, and by sufficiently recognizing that the Defendant is a co-principal who performed the function control through the intrinsic contribution.
(a)the person under whose name the defendant was requested to receive cash from the defendant to make a deposit into another account, and the defendant was received;