beta
Text
The defendant's appeal is dismissed.
Reasons
misunderstanding of the substance of the grounds for appeal or misunderstanding of the legal principles, the Defendant borrowed the name of F or I’s business operator in accordance with the direction of the network D, received KRW 1.5 million per month in return for the use of the name of F or I, cash deposit, withdrawal, driving, etc., and did not participate in the act of issuing the networkD’s false tax invoice, and did not intend to commit the act.
The punishment (one year of imprisonment) sentenced by the court below against the defendant is too unreasonable.
Judgment
As to the assertion of misunderstanding of facts or misapprehension of legal principles, the joint principal offender under Article 30 of the Criminal Act commits a crime jointly with two or more accomplices. In order for a joint principal offender to be established, the joint principal offender requires the fact of implementation of a crime through the functional control by a joint doctor, which is a subjective element, and the joint principal offender’s intent is to jointly engage in a specific criminal act with another person’s intent, and to shift one’s own intent by using another person’s act. Such joint principal offender’s intent is insufficient to recognize another person’s criminal act but not to restrain it. However, it is sufficient to view that prior conspiracy of a crime plan is not necessary, or that each accomplice has mutual understanding that each of the accomplices is able to meet the constituent requirements or share the actions in essence related to the constituent requirements (see Supreme Court Decision 2007Do6706, Sept. 11, 2008). In light of the aforementioned legal principles, the court below duly adopted and found the following facts to be issued in the name of each of the Defendants in collusion and the following facts.
Therefore, we cannot accept the Defendant’s mistake of facts or misapprehension of legal principles.
Defendant “F” in the Prosecutor’s Office from February 4, 2014 to the same year.
9. up to 18. The mother G.