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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant B did not instruct that I register false workers with intent to obtain I’s finances in collusion with Defendant A, and receive personnel expenses, etc. from the Mayor of Seoul Special Metropolitan City, in the form of subsidies from the Mayor of Seoul Special Metropolitan City, and return them again in the form of support payments.
B. The punishment of Defendant C (a fine of three million won) sentenced by the lower court is too heavy.
2. Determination:
A. In relation to co-offenders who are jointly engaged in a crime by not less than two defendants B, the conspiracy does not require any legal punishment, but is a combination of two or more persons to jointly process a crime and realize the crime. Although there was no process of the whole conspiracy, if there was a combination of the intentions in order or impliedly, the conspiracy is established between several persons, and even if there was no direct participation in the conduct, the conspiracy is held liable as co-principal for the other co-principal's act.
(See Supreme Court Decision 2008Do198 Decided May 8, 2008, etc.). The following circumstances acknowledged by the evidence duly examined and adopted in the lower court and the lower court (see, e.g., Supreme Court Decision 2008Do198, May 8, 2008): (a) C appeared as a witness in the lower court and the lower court; (b) began to receive unfair supply and demand under instructions from “A, Defendant, and AD; and (c) A was instructed by the Defendant and AD.
The defendant has obtained approval on behalf of the head of the I project group AD, and the witness has served with the defendant or been instructed in relation to the supply and demand of I accounting fraud.
After receiving subsidies, etc. in the name of an illegal recipient, it has been transferred to the national bank account in the name of AD, which is the head of the I project group, and the deposit and withdrawal of the account in the name of the above AD was managed by the Foundation Secretariat.