The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The defendant, such as misunderstanding of facts, forged an application form for admission by G, etc. and the victim ELS Plus Co., Ltd. (hereinafter "EL Plusium").

(B) The Defendant did not participate in the crime of defraudation of the mobile phone, and the personal information delivered by the Defendant was not proved to have been used for the above crime, and the lower court convicted all of the facts charged. The lower court erred by misapprehending the rules of evidence, misunderstanding of facts, and misunderstanding of legal principles.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. In a case where two or more persons on the assertion of facts, such as mistake, do not require any legal penalty, and the conspiracys between two or more persons to jointly process a certain crime and to realize the crime, and there was only a combination of intent to jointly process a certain crime and realize the crime. Thus, there was no overall conspiracy process.

Even if two or more persons are allowed to agree with their will either in a successive or secret manner, a public contest relationship is established, and even if persons who did not participate directly in the act of execution have been conducted, they shall be held liable as a joint principal offender for the act of other public bidders (see Supreme Court Decisions 2000Do3483, Nov. 10, 200; 2005Do8645, Feb. 23, 2006). The defendant argued to the effect that the above facts are alleged, and the court below rejected the above assertion in detail.

In other words, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. of this case is committed in collusion with G and I in order with the defendant to collect personal information from the seller of personal information and make a mobile phone agency.