The defendant's appeal is dismissed.

Summary of Grounds for Appeal

As stated in the facts charged of the instant case, the Defendant was unable to fully recognize the fact that his name-free persons deceptiond the victim with money by deceiving the victim.

Even if the defendant did not have any negligence, the defendant's act is nothing more than aiding and abetting the crime of those who did not have the name.

In addition, considering the various factors of sentencing, the sentence of the court below is too unreasonable.

2. Determination

A. Determination of misunderstanding of facts and misapprehension of legal principles. 1) Joint principal offenders under Article 30 of the Criminal Act committed a crime jointly by two or more persons. In order to constitute joint principal offenders, joint principal offenders are required to commit a crime through functional control by a joint doctor, which is subjective element, and joint principal offenders are integrated to commit a specific criminal act with a common intent, and they shift their own intent by using another person’s act. Such joint principal intent is insufficient to recognize another person’s criminal act and not to restrain it. However, it is sufficient that prior conspiracy of a criminal plan does not necessarily require prior conspiracy of a crime plan, or if there is a mutual agreement among accomplices to share the elements of a crime or share the actions in essence related to the elements of a crime (see, e.g., Supreme Court Decision 2007Do6706, Sept. 11, 2008). 2) The name of the Defendant and the degree of his or her participation in the criminal act, as well as the following circumstances and degree of his or her involvement in the criminal act.