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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In relation to the facts charged by Co-Defendant B, C, D, E, and F, there is no fact that the Defendant conspiredd with Co-Defendant B, C, D, E, and F for each of the above crimes.
Nevertheless, the judgment of the court below which convicted this part of the facts charged is erroneous in misconception of facts and misapprehension of legal principles.
B. The sentence imposed by the lower court (three years of imprisonment) is too unreasonable.
2. Determination
A. The lower court also made the same assertion as that of this part of the grounds for appeal, and the lower court rejected the above assertion by explaining the “decision on the assertion of the Defendant and the defense counsel” in the “reasons for the determination of the charge and the sentencing.”
If the above judgment of the court below is examined closely in light of the records of this case, the judgment of the court below is just.
In addition, considering the following circumstances revealed by the evidence duly adopted and investigated by the court below, the court below did not err in misapprehending the legal principles or misconception of facts as alleged by the defendant.
Therefore, this part of the defendant's argument is without merit.
① The co-principal under Article 30 of the Criminal Act is a crime committed jointly by two or more persons, and is established by satisfying the subjective objective requirements, namely, the commission of a crime through functional control based on the intent of co-processing and the intent of co-processing. As such, even if part of the co-offenders do not directly share and implement part of the elements of a crime, if it is recognized that there exists a functional control through essential contribution to the crime, in full view of the status, role, control over the progress of the crime, etc. as a whole, if it is recognized that there is a functional control over the act through substantial contribution to the crime.
(2) The Defendant, while operating a loan broker with B and B as a partnership business, is engaged in a partnership business with B and C.