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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for three years, for one year, for Defendant C, and for one year.
Reasons
1. Summary of grounds for appeal;
A. The misunderstanding of facts (Defendant D) caused a person who is not aware of his name to forge his personal seal impression using his personal seal impression at the request of Defendant A, and then delivered it to Defendant A. However, even though Defendant A was unaware of his punishment by using the forged personal seal impression, it is improper to use the false personal seal impression to obtain money from the victim T and R as if Defendant A sold the land located in the J in the ethic City, and to rate it as the accomplice of Defendant A et al. even though Defendant A knew of her intention to obtain money as the down payment as if he sold the land located in the J in the ethic City.
B. The sentence imposed by the court below (the defendant A) of unreasonable sentencing (the four years of imprisonment and confiscation, one year and six months of imprisonment with respect to the defendant C, and two years of imprisonment with respect to the defendant D) is too unreasonable.
2. Determination on the grounds for appeal
A. As to the assertion of mistake of facts (defendant D) (1) the relevant legal doctrine is established by satisfying the subjective objective requirements, such as the execution of a crime through a joint processing intention and the functional control by the joint will. Even if a person is not directly divided and executed part of the elements of a crime among the competitors, if it is acknowledged that a functional control through an essential contribution to a crime exists rather than a simple conspiracy, but rather, if it is deemed that a functional control exists through an essential contribution to a crime by taking into account the status, role, control or malicious power over the process of the crime in whole, etc.
In this case, in light of all the circumstances, such as the means and patterns of crime, the number of participants and their tendency, the time and characteristics of the crime, the possibility of contact with others and anticipated reaction during the crime process.