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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (Definite) only participated in the fraud crime of KRW 1.35 million deposited in the account in the name of limited liability company F among the total amount of damages of KRW 375 million by the victim, and there is no conspiracy with the victim of the fraud of KRW 245 million, which is the remainder of the damage.
Nevertheless, the judgment of the court below which convicted Defendant A of this part of the facts charged is erroneous by misapprehending the facts or by misapprehending the legal principles.
B. The punishment against the Defendants (e.g., Defendant A: imprisonment with prison labor for four years, Defendant B: imprisonment with prison labor for two years) is too unreasonable.
2. Determination
A. In relation to Defendant A’s assertion of misunderstanding of facts, the conspiracy does not require any legal punishment, but is only a combination of two or more persons to jointly process and realize a crime. Thus, if the combination of the intent is made in order or impliedly, the conspiracy relationship is established. As long as such conspiracy was made, a person who did not directly participate in the execution is held liable as a co-principal for the other co-offender’s act.
(See Supreme Court Decision 97Do1706 delivered on September 12, 1997). The following circumstances acknowledged by the evidence duly adopted and investigated by the court below are: Bosing crimes are organized by forming an organization of co-offenders, such as the following circumstances, which are thoroughly divided, organized, and overall criminal acts, such as the general responsibility to command the overall crime, the inducement of the victim, the solicitation and delivery of passbooks or physical cards, the solicitation and delivery of passbooks or check cards, and the collection and delivery of cash, and it is common that the crime of this case is committed in the form of secret and implied public offering in order among the aforementioned persons, and the crime of this case also is one case by integrating several existing loans.