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The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment for six months, by a fine of 5,00,000 won.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. The lower court’s sentence (6 months of imprisonment) against Defendant A (unfair sentencing) is too unreasonable.
B. Defendant B (1) The Defendant had not conspiredd with A to commit the instant fraud, or participated in the said crime.
2) Even if the sentencing was found guilty against the Defendant, the lower court’s sentence against the Defendant (a prison term of 4 months, 2 years of suspended execution, 160 hours of community service order) is too unreasonable.
2. In the case of Defendant B’s assertion of misunderstanding of facts, there is sufficient contact between two or more accomplices who intend to jointly commit a crime in a direct or indirect manner, rather than requiring any legal penalty, and there is sufficient contact between the accomplices who intend to jointly commit a crime in a direct or indirect manner, 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 realize the requirement for the formation of a crime by themselves, and it is possible to cooperate with them 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, the intent to control the crime, etc. (see Supreme Court Decision 2006Do1623, Dec. 22, 2006, etc.). In light of the above legal principles, the case is health in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the defendant can sufficiently recognize the fact that the defendant conspired with A to commit the crime of this case and conducted the crime of this case.
The defendant's assertion of facts is without merit.
(1) Working in a company operated by the victim.
I In the prosecutor's office, "the defendant has a relationship with H, which is the implementation company of the above construction work, and a bid for the above construction work is made.