Of them, the part against Defendant C shall be reversed.

Defendant

C A person shall be punished by imprisonment for not less than six months.

, however, the defendant.

A. As to each crime of fraud listed in paragraphs (1) through (4) of the crime committed in the judgment of the court below, Defendant A did not have any conspiracy to commit a false name or a fraudulent act, and only if the money acquired by a person who was unaware of the name was deposited into the account by fraud, he had an intention to embezzled it. However, the judgment of the court below convicting Defendant A of this part of the facts charged, which affected the conclusion of the judgment, is erroneous.

2) The sentence of the lower court against Defendant A (two and half years of imprisonment, and forty hours of completion of sexual assault treatment programs) is too unreasonable.

B. Each sentence of the lower court against the Defendants by the prosecutor (Defendant A: 2 years and six months of imprisonment; 40 hours of completion of sexual assault treatment programs; 1 year of imprisonment; 2 years of suspended execution; 80 hours of community service order; Defendant C: fine of KRW 5,00,000 per day of converted confinement; 100,000 won per day of provisional payment order; Defendant D: fine of KRW 2,00,000,000 per day of converted confinement; and 100,000,000 won per day of converted confinement; and 2.0,000,000 won per day of provisional payment order) is unreasonable.

2. Determination

A. As to Defendant A’s assertion of misunderstanding of facts, the lower court’s judgment comprehensively based on the following circumstances that can be recognized by comprehensively taking account of the evidence duly adopted and investigated, the conspiracy does not require any legal conviction in relation to co-processing of a crime, but is only a combination of intent of two or more persons to jointly process a crime and realize a crime. If a conspiracy of intent is formed in order or impliedly through a conspiracy of intent, then a conspiracy of intent is established. As long as such conspiracy of intent was conducted, a person who did not directly participate in the conduct of the crime is held liable for the criminal liability of another co-offender as a joint principal for the act of the other co-offender (see, e.g., Supreme Court Decisions 97Do1706, Sept. 12, 1997; 2013Do5080, Aug. 23, 2013).