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All appeals filed by prosecutors and defendants are dismissed.
Reasons
Summary of Reasons for appeal
A. The prosecutor’s sentence of the lower court (one year of imprisonment and a fine of 700,000 won) is too unhued and unreasonable.
B. Defendant 1) The Defendant was aware of the fact that he fell under the smoking, and there was no fact that he had driven a drinking.
2) The sentence of the lower court (two years and six months of imprisonment) that is unfair in sentencing is too unreasonable.
Judgment
A. 1) Whether there is a mistake in fact or not, in relation to a co-offender's relation that two or more persons are co-offenders who are engaged in a crime, the conspiracy does not require any legal penalty, but is only a combination of intent to realize a crime by combining two or more persons to jointly process and realize a crime. If such a combination is made in order or impliedly, a conspiracy relation is established. As long as such conspiracy was made, a person who is not directly involved in the conduct is held liable as a co-principal for the other co-offender
Therefore, the joint principal offender of fraud was unaware of the method of deception in detail.
Even if a public offering cannot be denied (see Supreme Court Decision 2013Do500, Aug. 23, 2013). In light of the following circumstances revealed through the evidence duly adopted and investigated by the lower court in accordance with the aforementioned legal doctrine, the fact that the Defendant, as stated in the facts constituting the crime of paragraph 1 of the lower judgment, was obtained by obtaining a total of KRW 16,153,000 from four victims over 10 times, as the withdrawal note, as stated in the facts constituting the crime of paragraph 1 of the lower judgment, can be recognized, and thus, the Defendant’s assertion of mistake as to the fraud of the Defendant is without merit.
A) The fact that money was withdrawn from the account by using the passbook and card received from the Defendant India’s name and that the money was returned to China again by using the passbook and card.
B) At the time the Defendant withdraws money from ATM, the Defendant is exposed to the face of her son and son at each time.