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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for one year.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. Error of facts (1) Defendant A did not receive a cashier’s check from the victim F, and Defendant A merely delivered the victim’s horses from Defendant B to the victim as they belong to Defendant B, but did not have acquired money by deceiving the victim by conspiracy with Defendant B or intentionally deceiving the victim.
(2) The crime of this case committed by Defendant B is a single criminal act committed by Defendant A by acquiring money from the victim F by selling Defendant B, and Defendant B merely borrowed money from the victim as a business fund, and there is no deception or conspiracy with Defendant A like the facts charged.
B. (1) The sentence imposed by the lower court (one year of imprisonment with prison labor for Defendant A, and a fine of 15 million won for Defendant B) is too unreasonable.
(2) The sentence imposed by the prosecutor by the court below to Defendant B is too unhued and unreasonable.
2. Determination on the grounds for appeal
A. On the assertion of mistake of facts (1) The co-principal of Article 30 of the Criminal Act is established by satisfying the subjective objective requirements, such as the execution of a crime through the intention of co-processing and the functional control by the intention of co-processing. Even if a person does not directly share and implement part of the elements of a crime among the competitors, if it is deemed that a functional control exists through an essential contribution to the crime rather than a simple conspiracy, but rather, if it is deemed that a functional control exists through an essential contribution to the crime, in full view of the status, role, control or malicious power over the process of the crime in whole, etc., he/she shall be liable for the crime committed by another conspiracy as a co-principal.
In this case, the means and attitudes of the crime, the number of participants and their tendency, the time and characteristics of the crime, the possibility and anticipated reaction with others during the crime process.