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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. There is no misconception of facts and misapprehension of legal principle that the Defendant conspireded with B to commit the instant crime.
In addition, among the money obtained through deception of this case, KRW 63 million, which was not known to the defendant by B from the victim, shall not be liable to the defendant.
B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. As to the allegation of mistake of facts and legal scenarios, in light of various circumstances such as the means and form of the crime, the number of participants and their inclinations, time and characteristics of the crime, possibility of contact with others in the course of the crime, and anticipated or sufficiently anticipated that other incidental crimes will be derived during the process of the crime, which the conspiracys engaged in or intended to achieve the purpose of the crime, were committed without taking reasonable measures to prevent such possibility, and eventually, if there was an anticipated crime, it should be deemed that there existed a functional control over the whole crime as well as an implied conspiracy among the initial conspiracys, even though there was no contact with each other as to one of the derivative crimes, even if there was no contact with each other.
At least two co-offenders who are jointly engaged in a crime do not require any legal penalty, but there is sufficient combination of intent to realize a crime by combining two or more persons in collusion.
Although there is no master process of the whole, there is a competitive relationship if the combination of doctors is made in order or implicitly between many persons.
In order to recognize such a conspiracy, strict proof is required, but when the defendant denies the conspiracy relation, which is a subjective element of the crime, indirect facts or indirect facts with considerable relevance to this given the nature of the object.