beta
Text
The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The judgment of the court below which recognized that the defendant jointly processed each of the frauds of this case in collusion with the false names of the victims of the G trade, although the defendant merely received a cargo delivery order from B or AJ, as an employee of the G trade, and received a cargo delivery request from B or AJ.
The sentencing of the lower court on the grounds of unfair sentencing (ten months of imprisonment) is too unreasonable.
Judgment
As to the assertion of mistake of facts about each crime of fraud, the co-principal provided for in Article 30 of the Criminal Act is established by satisfying the subjective and objective requirements, such as the execution of a crime through the functional control by the will of co-processing and the co-principal. Even if a person is not directly divided and executed part of the elements of a crime, if it is acknowledged that a functional control through an essential contribution to the crime exists, not just a simple conspiracy, but also a functional control through an essential contribution to the crime, in view of the status, role, control or power over the progress of the crime in whole, etc., the co-principal is liable for the crime committed by another conspiracy.
In this case, in light of all the circumstances, such as the means and attitudes of the crime, the number of participants and their inclinations, the time and characteristics of the place of the crime, the possibility of contact with others in the course of the crime, the possibility of contact with others, and anticipated reaction, etc., the conspiracys may lead to the crime, even though they could be anticipated or sufficiently anticipated to result in other incidental crimes in the process of the crime, or even if they did not take any reasonable measures sufficient to prevent the occurrence of the crime, and eventually, if such anticipated crimes occurred, the crime was committed by the conspiracys, even if there was no contact with each other as to one of the derivative crimes.