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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of legal principles, the Defendant did not deceiving the victim H by deeming the victim H as the Director-General of the NIS, and the Defendant was aware of the fact that E received KRW 150 million from the victim after one year. Therefore, there was no fact in collusion with E.
Nevertheless, the lower court found the Defendant guilty of the facts charged of this case. In so doing, it erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
B. The punishment sentenced by the lower court (one year and two months of imprisonment) is excessively unreasonable.
2. Determination
A. 1) Determination as to the assertion of misunderstanding of facts and legal principles is sufficient, not to require any legal penalty, but to directly or indirectly communicate with the accomplices who intend to jointly commit the crime with an implicit intent on the joint implementation, and even if there is no direct evidence thereof, it may be recognized by the circumstantial facts and empirical rules.
In addition, the joint commission of a crime by conspiracy is not based on the premise that all accomplices fulfill the requirement for the formation of a crime by themselves, and it is possible to cooperate with the accomplices who perform the act of realization to strengthen the decision on the act. Whether it is applicable should be determined by comprehensively taking into account the degree of understanding the result of the act, the size of participation in the act, intent to control the crime, etc. (see, e.g., Supreme Court Decisions 2006Do1623, Dec. 22, 2006; 2010Do2905, Apr. 26, 2012). 2) The original judgment and the court of first instance, and the evidence duly adopted and investigated by the court below, comprehensively taking into account the following circumstances acknowledged by the evidence, the fact that the defendant deceiving the victim He as stated in the facts charged, thereby being sufficiently recognized.
Therefore, the facts charged in the instant case are found guilty.