A. The defendant has no intention to commit fraud.

In addition, there is no deceiving the victim in collusion with the above defendant A, it is difficult to see that the victim caused an error by deception and thereby caused an act of disposal of property.

B. The sentence imposed by the court below on the defendant is too unreasonable.

2. Determination

A. The intent of the crime of defraudation, which is a subjective constituent element of the crime of fraud in determining the assertion of mistake of facts, should be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history, environment, details of the crime, and the process of transaction before and after the crime unless the Defendant confessions. The intent of the crime is not a conclusive intention, but a willful negligence is sufficient

(2) A joint principal offender under Article 30 of the Criminal Act commits a crime jointly with two or more persons (see, e.g., Supreme Court Decision 2007Do10416, Feb. 28, 2008). A joint principal offender under Article 30 of the Criminal Act is required to commit a crime through functional control by a joint doctor, which is a subjective element, and an objective element. A joint principal offender is required to establish a joint principal offender. A joint principal offender’s intent should be integrated to commit a specific criminal act with a common intent, and the intent to commit a specific criminal act by using another person’s act. A joint principal offender is not required under law, but a joint principal offender is a combination of two or more persons with intent to realize a crime by jointly processing and committing a crime. Thus, if a joint principal’s intent is formed in order or impliedly through mutual consent, even if the process of the entire joint principal’s mother does not exist

(see, e.g., Supreme Court Decision 99Do2889, Sept. 17, 199). The evidence duly adopted and examined by the court below based on the above legal principle and the following circumstances acknowledged by the above evidence, i.e., the victim A.