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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not receive KRW 25 million from the victim B on March 26, 2020, in collusion with a person who was in a false name or in a misunderstanding of legal principles.
Nevertheless, the judgment of the court below which convicted the defendant of this part of the facts charged is erroneous or erroneous in the misapprehension of legal principles.
B. The punishment of unfair sentencing (one year and six months of imprisonment) against the accused is too unreasonable.
2. Determination
A. In a case where two or more persons on the assertion of mistake of facts are co-offenders who jointly process a crime, the conspiracy does not legally require a certain type of punishment, but only constitutes a combination of intent to realize a crime through the joint processing of a crime by two or more persons, and if the combination of intent is made in order or impliedly, the conspiracy relationship is established. As long as such conspiracy was made, those who did not directly participate in the act of execution shall be held liable as co-principal for the other co-offenders' acts.
(2) On September 12, 1997, the crime of this case is committed in the form of secret or implied public offering in order among the aforementioned persons, and the crime of this case is committed on March 25, 2020. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, the crime of Bosing is organized by forming an organization of co-offenders in charge of various roles, such as the following circumstances acknowledged by the evidence duly adopted and investigated by the court below: (a) the crime of Bosing is organized thoroughly and organized; (b) the total liability leading the overall crime; (c) the incentive leading the victim; (d) the solicitation and delivery of passbooks or physical cards; and (e) the collection and delivery of cash; and (e) the crime of this case is committed in the form of secret or implicit public offering; and (e) the commission of Bosing Organization in the name of the victim would pay 50 protocol of the loaned amount under D deposit. On the same day, the defendant from the victim on the same day.