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Defendant
D All appeals against D and the Prosecutor’s Defendant E are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant D1) misunderstanding of facts or misunderstanding of legal principles only permitted U to conclude a lawful lease agreement on the instant apartment, and even though there was no conspiracy with P, etc. to commit the instant fraud, the lower court convicted the Defendant, which was erroneous in misapprehending the legal principles, and thus, the lower court erred by misapprehending the facts or misapprehending the legal principles. 2) The sentence imposed on the Defendant by the lower court of unfair sentencing (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.
B. The Prosecutor (Defendant E)’s sentence (one year of imprisonment and two years of suspended execution) sentenced by the lower court is too unfasible and unfair.
2. Determination
A. Defendant D1) In relation to accomplices who are co-processed with two or more persons of mistake of facts or misapprehension of legal principles, the conspiracy does not require any legal punishment, but only constitutes a combination of intent to realize a crime by combining two or more persons of the crime through joint processing. If the combination of intent is made in order or implicitly through the conspiracy, the conspiracy relationship is established, and even those who do not directly participate in the act of the commission of the crime is criminal liability as co-principal against other accomplices. Therefore, even if the conspiracy of fraud did not specifically know the method of deception, the conspiracy relationship cannot be denied (see, e.g., Supreme Court Decisions 97Do1706, Sept. 12, 1997; 2013Do5080, Aug. 23, 2013). In addition, as long as the Defendant does not confession a subjective constituent element of fraud, the subjective conspiracy of fraud does not necessarily constitute a subjective constituent element of the crime, such as the Defendant’s environment before and after the commission of the crime, the substance of the crime, and the objective constituent element of the crime.