A. Defendant A, D1) Defendant A, and D merely participated in some of the crimes described in the list of crimes in the judgment of the court below against the above Defendants, but the court below found the Defendants guilty of all of the crimes described in the list of crimes. The court below erred by misunderstanding the facts and misunderstanding the legal principles.

2) Each sentence of the lower court against the above Defendants (Defendant A: imprisonment with prison labor for 5 years, additional collection, Defendant D: imprisonment with prison labor for 2 years, additional collection) is too unreasonable.

B. Each sentence of the lower court against Defendant B, C, and C (the imprisonment of 10 months, additional collection, Defendant C: imprisonment of 2 years and 6 months, and additional collection) is too unreasonable.

(c)

The Prosecutor (as to Defendant B), the lower court’s sentence against Defendant B is too unhued and unreasonable.

2. Determination on the grounds for appeal by Defendant A and D

A. 1) Determination as to the assertion of misunderstanding the facts and legal principles 1) In the co-offender relationship that two or more persons jointly process for a crime, the conspiracy does not require any legal penalty, but only constitutes a combination of two or more persons to jointly process a crime and realize the crime, and there was no process of the whole conspiracy.

Even if there is a combination between several persons, a public contest relationship is established, and even those who did not directly participate in the act of execution, even if they were involved in the act of execution, if there is no direct evidence as to the above public contest, it can be recognized by the facts and experience rules (see Supreme Court Decision 2003Do4320, May 11, 2006, etc.). 2) The following circumstances are revealed by the evidence duly adopted and investigated by the court below and the trial court. 1) In other words, the instant public contesting organization deceivings the victims in the Republic of Korea from the office located in the Philippines by telephone and deceiving them into the name, resident registration number, and resident registration number of the victims.