The appeal filed against the Defendants and the Prosecutor A is dismissed, respectively.

Defendant A’s mistake of the gist of the grounds for appeal (the fraud against the victim K) is limited to the introduction of L to the victim K, and notwithstanding the absence of any participation in L’s crime, the court below held that there was a conspiracy and fraud.

The facts were cited.

The sentence of the lower court against Defendant A (10 months of imprisonment) is too unreasonable.

Defendant

B (Unlawful Sentencing) The sentence of the lower court against Defendant B (the imprisonment of six months, the suspension of execution of two years, and the community service order of 80 hours) is too unreasonable.

The Prosecutor (or the Defendant A)’s sentence (10 months of imprisonment) against Defendant A is too unhued and unfair.

Judgment

Defendant

At least two legal principles related to the determination of the A's assertion of mistake of facts do not require any legal conviction in the co-offender relationship that is jointly processed for a crime, but only if two or more persons agree to jointly process a crime and realize the crime, and there was no process of the whole conspiracy.

Even if there are two or more persons, a public contest relationship is established if a group of doctors is formed in a successive or secret manner, and even those who did not directly participate in the act of implementation should be held liable as a joint principal offender for the act of another person (see, e.g., Supreme Court Decision 2000Do3483, Nov. 10, 200). According to the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, Defendant A may be acknowledged as having participated in L’s fraudulent act and conspired to commit it.

Defendant

A introduced L on September 13, 2014 to the victim K on September 13, 2014, and "There is a considerable amount of funds in Seoul.

The money is lent in the form of investment.

If more money is needed, (LA) if you purchase the French land and seek money for use only under the name, it was known to the public, which LA on September 15, 2014.