The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the mistake of facts or misapprehension of legal principles regarding the fraud of the victim N, the defendant only introduced the victim N to G, and there is no fact of deceiving the victim N in collusion with F and G.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding the Defendant guilty.

With respect to the attempted fraud of the Doshed, the Doshed Agricultural Co., Ltd. (hereinafter “victim Nonghyup”), the Defendant only introduced the O to G, and there was no deception with the Do, F, G, I, and J in collusion with Do, F, G, I, and J.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding the Defendant guilty.

Article 12(1) of the Criminal Procedure Act (hereinafter “victim’s imprisonment without prison labor”) concerning the fraud of the Victim’s Saemaeul Community Fund in the East Sea (hereinafter “victim’s imprisonment without prison labor”) only provides G with contact information, and there was no deception of the Victim’s imprisonment without prison labor in collusion with D, E, F, G, I

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding the Defendant guilty.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. (i) In the case of a co-principal of the relevant legal principles, the conspiracy is not required under the law, but only a combination of two or more persons to jointly process and realize a crime, and the conspiracy is established, even if there was no overall conspiracy, if the combination of intentions is made in order or impliedly through several persons, even if there was no process of conspiracy.

As long as such solicitation has been made, a person who does not directly participate in the act of execution is held criminal liability as a co-principal for the act of another co-offender.

Supreme Court Decision 2004Do3532 Decided September 24, 2004