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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant (legal scenarios and unreasonable sentencing) 1 acknowledged the fact that the Defendant released the remitted money by the victims of each of the instant frauds using the check card under the name of another person, which he had been issued from his name in accordance with C’s order, and remitted it to the non-account. However, the above Defendant’s act was committed after the completion of each of the instant frauds. As such, the Defendant’s act was committed after the completion of each of the instant frauds. Therefore, it cannot be deemed that the Defendant was liable for the crime as a co-principal of each of the instant frauds. 2) The punishment imposed by the lower court (one year of imprisonment) is too unreasonable.
B. The above sentence imposed by the court below is too uneasible and unfair.
2. Judgment on the misapprehension of the legal principle of the defendant
A. In the relation to co-offenders who are co-processed with more than two relevant legal principles, the conspiracy does not legally require any type of punishment, but only constitutes a combination of intent to realize a crime through the joint processing of a crime by two or more persons, and if the combination of intent is carried out in order or impliedly, the conspiracy relationship is established. As long as such conspiracy was carried out, a person who does not directly participate in the conduct shall be held liable as co-principal for the other co-principal’s act.
Therefore, it cannot be denied the public-private partnership relationship even though the public-private partnership's method of deception was different in detail from that of deception.
(see Supreme Court Decision 2013Do5080, Aug. 23, 2013). Moreover, the intent of joint processing is insufficient solely by recognizing another person’s criminal act and denying it without restraint (see Supreme Court Decision 2000Do576, Apr. 7, 200). However, it does not necessarily require prior conspiracy of a criminal program that is closely sealed, and each accomplice’s accomplice’s act constitutes a constituent element or constitutes a constituent element.