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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The defendant was not aware of the legal principles or the mistake of facts about the amount of damage other than the accounts connected to his own physical card.
The judgment of the court below which recognized the defendant as a joint principal of the total fraudulent crime beyond the part directly involved is erroneous in misconception of facts or misapprehension of legal principles.
The punishment sentenced by the court below on unreasonable sentencing (one year and ten months of imprisonment) is too unreasonable.
Judgment
In a case where two or more judgment on the assertion of mistake of facts or misapprehension of legal principles do not require any legal punishment, but only two or more persons conspired to jointly process and realize a certain crime, and thus, if a combination of intent is achieved by the combination of intent to realize the crime, even though there was no overall conspiracy process, the conspiracy relationship is established if the combination of intent is made in order or impliedly, among several persons, and even if the person did not directly participate in the execution, he/she shall be held liable as a co-principal for the other conspiracy's act.
(1) In the event of a co-principal, a co-principal’s intent to commit a crime is not sufficient to recognize another person’s crime but to accept it without any restriction (see, e.g., Supreme Court Decision 2000Do3483, Nov. 10, 200). However, there is sufficient trade name that the co-principal’s intent to commit a crime is not required to obtain prior approval to commit a crime plan, and that each co-offender’s intent to commit a crime is inherently related to the elements of
(See Supreme Court Decision 2007Do6706 Decided September 11, 2008). The following circumstances revealed by evidence duly adopted and investigated by the lower court, i.e., ① the instant Bophishing crime, in the form of acquiring the money by fraud through one fraud group’s inducement, solicitation, delivery, withdrawal, and collection.