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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of the facts and misapprehension of the legal principles (Defendant) were aware of the fact that Kwikset Shipping Company, which came to know through AF job offer advertisements, had Kwikset issued a letter of proposal from the head of the Z, and had it deposited in cash, and did not know that the Defendant was involved in the phishing crime.
Therefore, the defendant did not intend to acquire the victims' money in succession with the phishing assistance staff, and did not intend to obtain the money.
B. As to the punishment sentenced by the court below (one year and six months of imprisonment), the defendant asserts that it is unfair for the defendant to go too much so, and that the prosecutor is too unfasible and unfair.
2. Determination
A. Determination 1 on the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine 1) In the co-offender relationship that two or more persons of the relevant legal doctrine are co-offenders engaged in a crime, the conspiracy does not require any legal penalty, but only comes to a combination of intent to realize a crime by combining two or more persons and jointly processing the crime, and if such a combination of intent is formed in a successive or implicit manner, the conspiracy relationship is established. As long as such conspiracy was made, a person who did not directly participate in the act of the other co-offenders is held
Therefore, the joint principal offender of fraud was unaware of the method of deception in detail.
Even if a public-private partnership cannot be denied (see, e.g., Supreme Court Decision 2013Do5080, Aug. 23, 2013). Meanwhile, dolusent intent as a subjective element of the constituent element of a crime has the awareness of the possibility of occurrence of a crime, and there is an internal intent to allow the risk of occurrence of a crime. Whether the actor allowed the possibility of occurrence of a crime or not is based on the statement of the offender, and specific circumstances such as the form of an act and the situation of an act that was externally revealed, are specific.