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The judgment below
Among the Defendants, each part of the Defendant’s case against the Defendants is reversed.
Defendants shall be punished by imprisonment with prison labor for one year.
Reasons
【Judgment on Grounds for Appeal】
1. Summary of grounds for appeal;
A. Defendant Q, AR, and AS’s assertion of misunderstanding of facts is found to have withdrawn the amount of damage under the direction of the superior staff of the telephone fraud organization. However, there is insufficient evidence to find that the amount that they withdrawn is identical to the amount obtained by deceit as stated in the crime list, but the court below erred by misapprehending the facts.
B. In light of the fact that the Defendants, from the beginning, did not participate in each of the instant crimes with conclusive intent to withdraw the amount of damage from telephone fraud from the beginning, the lower court’s punishment (one year of imprisonment) against the Defendants is too unreasonable.
2. At least two defendants Q, AR, and AS's accomplice's accomplice's argument of mistake of facts are not required under law, but are combined with the intent of two or more persons to jointly process a certain crime and realize the crime. Thus, even if there was no process of conspiracy, if there was a combination of intentions in order or impliedly, it is established if there was a combination between several persons, and even if there was no direct evidence, even if there was no process of conspiracy, the conspiracy is established if there was a combination of intentions to realize the crime. As long as there was such conspiracy, even those who did not directly participate in the act of conspiracy are held liable as a co-principal for the other conspiracy's act, and even if there was no direct evidence as to
(See Supreme Court Decision 2003Do4320 delivered on May 11, 2006, etc.). The following circumstances acknowledged by the court below’s duly adopted and investigated evidence regarding the instant case, i.e., posting a notice on job offering and job seeking advertisements, which were opened in NAV, and which were as ordered in this article.