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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. The court below found the defendant not guilty of the facts charged, by misunderstanding the facts.
2. Determination
A. In relation to co-offenders who are co-processed with more than two relevant legal principles, the conspiracy is not legally required, but is a combination of two or more persons to jointly process and realize a crime. Although there is no process of the whole conspiracy, if the combination of doctors is made in order or impliedly through several persons, then the conspiracy is established.
(See Supreme Court Decision 97Do1706 delivered on September 12, 1997, etc.). The subjective constituent elements of fraud include, insofar as the defendant does not make a confession, the criminal intent of defraudation, which is a subjective constituent element of fraud, shall be determined by taking into account the objective circumstances such as the defendant's financial history, environment, contents of the crime, and the process of transaction performance, etc. In addition, the criminal intent is also established by willful negligence. The subjective element of the constituent element of the crime refers to the case where dolus negligence is expressed as unclear possibility of occurrence of the crime. In order to have dolusent intention, the subjective element of the constituent element of the crime refers to the case where it is declared that the possibility of occurrence of the crime is uncertain, as well as the awareness of the possibility of occurrence of the crime, the intention of deliberation to allow the risk of occurrence of the crime is required. Whether the offender permits the possibility of occurrence of the crime should not depend on the statement of the offender, but should be confirmed from the perspective of the offender in consideration of the possibility of occurrence of the crime.
(see, e.g., Supreme Court Decision 2007Do8781, Jan. 18, 2008). B.
According to the following circumstances, the court has duly adopted and investigated in this case.