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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The defendant did not have the intention to commit the crime by deception, and there was no conspiracy with the head of the fishing village fraternity B with C.
On the other hand, in the case of compensating for fishery damage with construction works, etc. due to the necessity of public interest, the Defendant acquired property benefits due to each of the crimes of this case.
It shall not be readily concluded that the victims have suffered property damage.
2. Determination
A. In the case of joint principal offenders who jointly process two or more persons and commit a crime, the conspiracy or conspiracy does not necessarily need to be made directly, explicitly, and may be made objectively and implicitly, but in any case, the combination of intent to jointly process a crime and realize it jointly. In a case where the defendant denies the criminal intent together with the conspiracy, the facts constituting such subjective element should be proven by the method of proving indirect facts or circumstantial facts having considerable relevance with the criminal intent given the nature of the object.
(1) The court below’s determination of the credibility of a confession should be made based on the following circumstances: (a) whether the contents of the confession statement per se are objectively rational; (b) the motive or reason for the confession; (c) what is the reason why the confession was made; and (d) what is the circumstance leading up to the confession, and whether there is any conflict or inconsistency with the confession among circumstantial evidence other than the confession.
Furthermore, in a case where the defendant consistently led to the confession from the investigative agency to the date of trial, and reversed his/her own confession from a certain trial date, the defendant's statement to reverse his/her confession may be acceptable in light of the motive, reason and circumstance leading up to the reversal of his/her confession, along with the motive, reason and circumstance leading up to the reversal of his/her confession, and the contents of his/her statement