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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although at the time of mistake of facts (as to 2013 Highest 4320), BJ introduced BA by requesting a person to withdraw money, it did not have received the introduction fee from the Chinese assistance personnel or the Korean total liability, and the Defendant did not receive KRW 750,000 from BA as a living expense.
In addition, the defendant did not think that he could not use the passbook because he was not able to use the passbook due to bad credit standing, and was offered to him as a telephone financial fraud.
B. The lower court’s sentencing (two years and six months of imprisonment) is too unreasonable.
2. Determination on the grounds for appeal
A. (1) As to the assertion of mistake of facts, a co-principal under Article 30 of the Criminal Act is established by satisfying the subjective objective requirements, namely, the implementation of a crime through functional control based on the intent of co-processing and the intent of co-processing. Even if a co-principal, who did not directly share and implement part of the elements of a crime, if it is deemed that a functional control through an essential contribution to a crime exists, not just a mere conspiracy, but also a functional control through an essential contribution to the crime, in light of the status, role, control, and power over the progress of the crime in whole, etc., the co-principal is liable for the crime committed by another co-principal.
(2) In the case of this case, the following circumstances, which are acknowledged by the lower court and the evidence duly admitted and investigated by the lower court, are as follows: ① The telephone financial fraud of this case, such as this case, is a form of acquiring the means of access, delivery books, cash withdrawal books, and remittance books, which are used in the Republic of Korea by the telephone financial fraud group, which is located in China, in a very intelligent and simple manner, serves as a means of access to which the victims are arrested and work in the Republic of Korea.