사기
All appeals filed by the defendant and prosecutor are dismissed.
The defendant is a party to the EJ, who is an applicant for compensation, 350,000 won, and the defendant is a party.
1. Summary of grounds for appeal;
A. (1) Defendant 1 was aware of the fact that he was involved in the phishing crime, and on May 2019, the Defendant was aware of the illegality from the time when he was proposed to do so using an account under the name of another person, not the account under the name of the Defendant. There was no intention to acquire money from the victims in collusion with the non-indicted 1 to 16 of the crime list in the holding, and 2(No. 2019No. 3095 of the crime list 2019Da3095 of the judgment) 1 to 6 of the crime list in the holding.
Nevertheless, the lower court found the Defendant guilty of all the facts charged, and the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
Dob. The sentence imposed by the court below on the defendant (two years of imprisonment, confiscation) is too unreasonable.
B. The above sentence imposed by the court below on the defendant is too uneasible and unfair.
2. Determination
A. As to the Defendant’s assertion of mistake of facts, the conspiracy does not require any legal punishment, but is only a combination of two or more persons to jointly process and realize a crime. If the combination of the intent is made by either successively or implicitly through a conspiracy of two or more persons, a conspiracy of conspiracy is established. As long as such conspiracy was made, a person who did not directly participate in the execution is held liable as a co-principal for the other co-offender’s act.
Therefore, it cannot be denied the public-private partnership relationship even though the public-private partnership's method of deception was different in detail from that of deception.
(See Supreme Court Decision 2013Do5080 Decided August 23, 2013, etc.). Meanwhile, in a case where the Defendant denies the intention, which is a subjective element of the constituent elements of a crime, the criminal intent itself cannot be objectively proven, and thus, indirect facts related to the criminal intent in light of the nature of an object or fact.