사기등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant did not know that there was a mistake of facts or misapprehension of the legal principle that, upon receiving a request from R to introduce persons who will engage in a mobile phone-related work in China, the Defendant introduced D, E, F, and G to R, and that it was not aware that such act was committed in China.
In addition, the defendant introduced the above D, etc. to R on January 2015, and found the R daily allowance in China in order to receive the introduction fee, and did not play the role of the manager in relation to Bosing.
Even if the defendant's conviction is recognized, the defendant is considered as the degree of participation of the defendant, and the defendant is only liable to commit aiding and abetting.
B. The sentence imposed by the court below on the defendant (two years and four months of imprisonment) is too unreasonable.
2. Judgment on misconception of facts or misapprehension of legal principles
A. The co-principal under Article 30 of the relevant legal doctrine is established by satisfying the subjective and objective requirements, such as the implementation of a crime through functional control based on the intent of co-processing and the intent of co-processing. Even if some of the competitors have not been carried out by directly sharing part of the elements of a crime, if it is acknowledged that a functional control through an essential contribution to a crime exists not just as a mere conspiracy, but also as a functional control through an essential contribution to the crime, it cannot be exempt from the criminal liability as a so-called co-principal.
(See Supreme Court Decision 2007Do428 Decided April 26, 2007, etc.). Also, in relation to accomplices who jointly process two or more persons in a crime, public offering does not require any legal penalty, but is a combination of two or more persons to jointly process and realize a crime. As such, even if the process of the whole conspiracy does not exist, the public offering is in order or implied between several persons.