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The judgment below
The remainder of the compensation order, excluding the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for two years.
Reasons
1. Summary of grounds for appeal;
A. In relation to the criminal facts that a mistake of facts accused by deceiving the victim G that he/she sold the case X-ray car table (the part concerning the criminal facts of the case 2013 senior group604) was acquired through deception, the defendant did not conspired with E, and although E did not participate in the above crime, the court below recognized that the defendant committed the above crime jointly in collusion with E, which affected the conclusion of the judgment by misunderstanding of facts.
B. The sentence imposed by the lower court (three years of imprisonment) is too unreasonable.
2. Determination
A. In a case where two or more persons on the assertion of mistake of facts are co-offenders who jointly process a crime, the conspiracy does not require any legal penalty, but only constitutes a combination of intent to realize a crime through joint processing of a crime by two or more persons, and the conspiracy of intent is established in order or impliedly. As long as such conspiracy was made, those who did not directly participate in the act of execution are subject to criminal liability as co-principal against the other co-offenders' acts.
Therefore, it cannot be denied the public-private partnership relationship even though the public-private partnership's method of deception was different in detail from that of deception.
(see, e.g., Supreme Court Decisions 97Do1706, Sept. 12, 1997; 201Do9721, Dec. 22, 2011). The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, E, the Defendant living together with the Defendant’s statement that “it would receive money from the Internet to use it as a cost of living,” and the Defendant’s personal card was opened with the Defendant’s personal use; the Defendant received money from the Defendant with the personal bank account with the personal card; the Defendant withdrawn the money using the personal card; and the Defendant and E were the said new bank account.