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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of the legal doctrine (the fraud) did not clearly understand not only the structure and method of the instant fraud but also the fact that his act constitutes part of the phishing crime.
Therefore, even though the Defendant was not guilty of aiding and abetting the instant crime, the lower court erred by misapprehending the legal doctrine that recognized the Defendant as a joint principal offender, thereby adversely affecting the conclusion of the judgment.
2) The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment and confiscation) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below (one year and six months of imprisonment and confiscation) is too unhued and unfair.
2. Determination
A. Determination on the Defendant’s assertion of misapprehension of the legal doctrine 1) Joint principal offenders under Article 30 of the Criminal Act are established by meeting the subjective and objective requirements, namely, the commission of a crime through functional control based on the intent to jointly process and the intent to jointly commit the crime. A part of the conspiracys did not directly share and implement the constituent elements.
Even in cases where it is recognized that a functional control exists through an essential contribution to a crime, rather than a mere conspiracyr, when comprehensively considering his/her position, role, control or power over the progress of the crime in the whole crime, the so-called "joint principal offender" cannot be exempted from the liability for the crime (see, e.g., Supreme Court Decisions 98Do321, May 21, 1998; 2007Do235, Apr. 26, 2007; 2007Do428, Apr. 26, 2007). In addition, in one joint principal offender, the conspiracy does not require any legal fixed penalty, but only if two or more persons intend to jointly process and realize a crime, the process of the whole conspiracy was nonexistent.