The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not conspired to commit a crime as stated in G, E, and the facts charged.

In addition, the Defendant did not recognize the fact that the reason for applying for refugee status as stated in the facts charged was false, and the Defendant did not have the right to investigate or investigate whether the content of the application is false or not, so the Defendant should not easily recognize the Defendant’s criminal intent of violating the Immigration Control Act.

Nevertheless, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment, two years of suspended execution, and 120 hours of community service order) is too unreasonable.

2. Determination

A. In a case where two or more persons on the assertion of mistake of facts and misapprehension of legal principles jointly process the conspiracy is not required under the law, but only a combination of two or more persons to jointly process a certain crime and realize the crime. Although there was no process of the whole conspiracy, if there was a combination of intent to establish the crime, the conspiracy is established in order or impliedly, and as long as there was no such conspiracy, even if there was no direct evidence, a person who did not directly participate in the act of the other conspiracy is held liable for criminal liability as a co-principal for the act of the other conspiracy. Such conspiracy can be acknowledged in accordance with the circumstantial facts and empirical rules, even if there was no direct evidence.

(See Supreme Court Decision 2004Do5494 Decided December 24, 2004, etc.). In a case where the Defendant denies the intention, which is a subjective element of the constituent elements of a crime, the criminal intent itself cannot be objectively proven, and therefore, it is inevitable to prove it by means of proving indirect facts or circumstantial facts relevant to the criminal intent in light of the nature of an object.

In this regard, what is.