정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for two years and for one year and four months, respectively.
seizure.
1. Summary of grounds for appeal;
A. Defendant A1) The crime of mistake of facts and misapprehension of legal principles was planned and executed under the initiative of G, and only aiding and abetting the Defendant. However, the lower court erred by punishing the Defendant as a co-principal. 2) In light of the fact that the Defendant was simply engaged in the crime of this case, and that the gains acquired were insignificant, the lower court’s punishment (two years and six months of imprisonment) is too heavy.
B. In light of the fact that Defendant B’s mistake is against the Defendant B, efforts are made to recover damage, and the benefits acquired by the instant crime are not high, the lower court’s punishment (one year and six months of imprisonment) is too heavy.
2. Determination
A. In relation to Defendant A’s assertion of mistake of facts and misapprehension of legal principles, the conspiracy is not a legally required type of punishment, but a combination of two or more persons to realize a crime through the joint processing of crimes. Although there was no process of the whole conspiracy, if the combination of intent is made in order or impliedly through several persons, the conspiracy is established. As long as such conspiracy was made, even those who did not directly participate in the execution are held liable as a co-principal for the other co-principal’s act.
(See Supreme Court Decision 98Do30 delivered on March 27, 1998, etc.). As to the instant case, the health team, the evidence duly adopted and investigated by the lower court, and the following circumstances are acknowledged: (a) Defendant A conspired to deduct the credit card information of G and credit card merchants from the information sales profit and divide the information sales profit; (b) Defendant A paid approximately KRW 20 million to G that commits the instant crime in Cambodia as a price for hacking hacking costs, etc.; and the Defendant kept it by receiving illegal credit card information obtained from G and kept it to Co-defendant B.