Defendant

In other words, the Defendant received the withdrawn fraudulent damage money and transferred the money.

Since the defendant did not participate in the part of the victim's fraudulent damage which the defendant did not receive from the victim, the defendant is not a joint principal offender of fraud.

The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

The sentence imposed by the court below against the defendant is too unfortunate and unfair.

Judgment

In a case where two or more judgment on the assertion of mistake of facts or misapprehension of legal principles do not require any legal punishment, but only two or more persons conspired to jointly process and realize a certain crime, and thus, if a combination of intent is achieved by the combination of intent to realize the crime, even though there was no overall conspiracy process, the conspiracy relationship is established if the combination of intent is made in order or impliedly, among several persons, and even if the person did not directly participate in the execution, he/she shall be held liable as a co-principal for the other conspiracy's act.

(1) In the event of a co-principal, a co-principal’s intent to commit a crime is not sufficient to recognize another person’s crime but to accept it without any restriction (see, e.g., Supreme Court Decision 2000Do3483, Nov. 10, 200). However, there is sufficient trade name that the co-principal’s intent to commit a crime is not required to obtain prior approval to commit a crime plan, and that each co-offender’s intent to commit a crime is inherently related to the elements of

(See Supreme Court Decision 2007Do6706, Sept. 11, 2008). The following circumstances, i.e., the instant Bophishing crime, which was revealed by the evidence duly adopted and investigated by the lower court, are the following circumstances, namely, ① the instant Bophishing crime, constitutes a single fraud organization, i.e., the incentive for the establishment of a single fraud organization