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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant cannot be punished as a joint principal offender for the crime of fraud and extortion on the ground that there was no fact that he either conspireds or participated in a criminal act related to the deposit process by simply withdrawing the money, without gathering what circumstances the money was deposited.
In particular, it is unreasonable to recognize the common principal of the crime of extortion as long as the withdrawn books exceed the generally anticipated range and correspond to the pattern of the act.
Nevertheless, the court below found the defendant guilty of this part of the facts charged, and the court below erred by misunderstanding facts and affecting the conclusion of the judgment.
B. The sentence sentenced by the lower court to the Defendant (one year and two months of imprisonment) is too unreasonable.
2. Determination
A. Determination as to the assertion of mistake of facts (whether two or more principals were established for the crime of fraud and extortion) is not required under the law in the conspiracy of accomplices who jointly process the crime, but is a combination of two or more persons to jointly process the crime and realize the crime, and there was no process of the whole conspiracy.
Even if there is a mutual understanding that, in a case where there is a combination between several accomplices, a public contest relationship is established, and even if there is no direct participation in the implementation activity, even if there is no direct participation in the implementation activity (see Supreme Court Decision 2003Do4320, May 11, 2006). In this case, there is no need to establish a prior public contest for the crime plan, and there is a mutual understanding that each of the accomplices does not meet the composition requirements or share the actions in essence related to the composition requirements (see Supreme Court Decision 2007Do6706, Sept. 11, 2008). In addition, there is a requirement for the composition of one accomplice.