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The defendant's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal 1) Fact misunderstanding and misunderstanding of legal principles (as to the facts constituting the crime No. 2 of the judgment below as stated in the judgment below), Defendant did not have conspired with O.
The amount of KRW 20 million, which the defendant sent from R/T account to theO, is not the money that the defendant gains, so this part of the charges should be excluded from the amount of fraud.
The Defendant did not know the victims that the O received separate money, and because the O used it individually, the total amount of KRW 5,10,000,000 which the O received from the victims in the AB account shall be excluded from the amount of fraud of this part of the facts charged.
2) The sentence of the lower court (two years of imprisonment with prison labor for the crime No. 2 and No. 3 in its holding) which is unfair in sentencing is too unreasonable.
2. 1) Determinations on the assertion of misunderstanding of facts and misapprehension of the legal doctrine are not required in the co-offender relationship in which two or more persons jointly process a crime, not in the legal form, but in which two or more persons conspired to process a crime to realize the crime and realize the crime.
Therefore, although there was no parent process of the whole, there was no parent process.
In light of the legal principles as seen earlier, the Defendant andO did not have any explicit mother process, in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court: (a) there was no explicit mother process between the Defendants and theO, even though those who did not directly participate in the act of implementation, insofar as such conspiracy was conducted (see Supreme Court Decision 2000Do3483, Nov. 10, 200).
Even if the defendant conspireds with the O and impliedly acquired money from the victims.
may be appointed by a person.
(1) The defendant shall belong to investigative agencies and to the original judgment.