beta
Text
The part of the judgment of the court of first instance against the defendant shall be reversed.
The punishment of the accused shall be determined by one year and six months.
Reasons
1. Summary of grounds for appeal;
A. Defendant: Corresponding to mistake of facts or misapprehension of legal principles (i.e., the Defendant, as an employee in charge of accounting, only carried out his duties under the direction of major shareholders N, and thus, not a co-principal offense of embezzlement or occupational breach of trust. ② As to the crime of occupational breach of trust, the Nos. 4 and 5 bills of this case were issued as a substitute for the recovery of Nos. 1 and 2 bills, and thus, did not cause new risk of damages to the victim).
Prosecutor: 2. Determination of this Court
A. (1) Determination as to the co-principal relationship is not a legally required type of punishment in relation to co-principal relationship that two or more persons jointly process for a crime, but a combination of intent to realize a crime by combining two or more persons to jointly process and realize a crime. Thus, even if the process of the whole conspiracy does not exist, the conspiracy relationship is established if a combination of intent is made by successively and implicitly through multiple persons, even if there is no process of the whole conspiracy.
In addition, strict proof is required to acknowledge such a conspiracy. However, if the defendant denies a conspiracy, it is inevitable to prove it by means of proving indirect facts or circumstantial facts having considerable relevance in light of the nature of the subject matter, and what constitutes an indirect fact with considerable relevance should be reasonably determined based on the normal empirical rule based on a close observation or analysis.
(see, e.g., Supreme Court Decision 2011Do9721, Dec. 22, 2011). In addition, joint principal offenders prescribed in Article 30 of the Criminal Act are established by meeting all the subjective and objective requirements, namely, the commission of a crime through functional control based on the intent of joint processing and the intent of joint principal. However, some of the conspiracys constitute elements.