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The judgment below
Part concerning Defendant B and C shall be reversed.
Defendant
B and C shall be punished by imprisonment for one year and six months.
Reasons
1. Determination as to Defendant C’s assertion of mistake of facts
A. Defendant C’s assertion of misunderstanding of facts was false and misrepresented by Nonghyup Canadian in Thailand, and there was no participation in the crime of Bohishing committed by misrepresenting a financial institution in addition to Nonghyup Capital.
B. 1) Determination 1) In the relation of accomplices that two or more persons jointly process for a crime, the conspiracy does not require any legal penalty, but is only 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 are two or more persons, a public contest relationship is established if a group of doctors is formed in a successive or secret manner, and even those who did not directly participate in the act of execution, if so long as such a public contest was conducted, they are held liable as a joint principal offender for the act of another public contest. Such public contest can be recognized by the circumstantial facts and experience rules even if there is no direct evidence (see Supreme Court Decision 2004Do5494, Dec. 24, 2004). It does not interfere with the establishment of a joint principal offender as long as they were processed jointly in the crime (see Supreme Court Decision 94Do1793, Jun. 16, 1995).
Even if a public contest relationship cannot be denied (see, e.g., Supreme Court Decision 2013Do5080, Aug. 23, 2013). 2) Comprehensively taking into account the following circumstances acknowledged by the health team, the lower court, and the evidence duly adopted and examined by the first instance court on the instant case based on the aforementioned legal doctrine, Defendant C is also a person who actually assumes false person during the period in which he/she actually participated in the sing organization, as well as all other staff members of the singing organization.