All appeals by the Defendants are dismissed.

Summary of Reasons for appeal

A. Defendant A(1) did not share the act of execution, such as conspiracy with, or viewing the network with, the accomplices of the instant crime.

2) The lower court’s punishment (one year and six months of imprisonment) is too unreasonable.

B. Defendant C’s improper sentencing: The sentence of the lower court (two years of imprisonment) is too unreasonable.

Judgment

A. In light of the following circumstances acknowledged based on the evidence duly adopted and investigated by the lower court and the first instance court as to Defendant A’s assertion of misunderstanding of facts, it can be sufficiently recognized that the Defendant committed the instant crime in collusion with C, etc. as stated in the facts charged.

① The Defendant acknowledged all the facts charged in the instant case in the court below.

As can be seen, the Defendant’s confession statement that recognized all his/her criminal acts with the assistance of counsel in the court may not be easily rejected unless there is an explanation by which he/she can obtain the facts leading to the confession.

② The Defendant, at an investigative agency, proposed that C, etc. be accommodated in a warehouse for the instant instant oil from C, etc. and engaged in surveillance duties; (b) the Defendant proposed the first two million won, but was accepting C’s proposal while requesting 2.5 million won; and (c) on August 2015, the Defendant specifically stated the fact that the Defendant moved into the warehouse for the instant oil.

In addition, from August 13, 2015 to November 3, 2011 of the same year, the Defendant observe the Do oil warehouse of this case at an investigative agency and took patrol with C around August 2015, and 2-3 persons inside the office adjacent to the Do oil warehouse of this case are inside the Do oil warehouse of this case, and there is an oil pipeline marking around the Do oil warehouse of this case, and there is an indication of the oil pipeline marking to C.

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