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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the part of the judgment of the court below not guilty (the point of fraud), according to the evidence submitted by the prosecutor, the court below found the Defendant guilty of the crime of fraud of this case only by misunderstanding the facts or misunderstanding the legal principles as to the crime of aiding and abetting and aiding and abetting the fraud of this case, although the Defendant was aware of the fact that the Defendant was involved in the crime of aiding and abetting the crime of fraud of this case as a joint principal offender of the crime of fraud of this case, he could fully recognize the fact by deceiving the victim with his name in collusion, although
B. The sentence sentenced by the lower court (one year of imprisonment, two years of suspended execution, 120 hours of community service order, observation of protection, confiscation) is too uneasy and unfair.
2. Determination
A. (1) On the assertion of misunderstanding of the facts or misapprehension of the legal doctrine, the general theory: the joint principal offender under Article 30 of the Criminal Act, which is the requirement of the joint principal offender, is committing a crime jointly with two or more persons. In order for the joint principal offender to be constituted, it is necessary to have committed a crime through functional control based on the intention of joint processing and objective requirements, as subjective requirements.
The intention of joint processing is not sufficient to recognize the crime of others, but to accept it without preventing it. The intent of joint processing is one of the entirety to commit a specific crime with the intention of joint processing and to shift one’s own intent by using another’s act (see, e.g., Supreme Court Decisions 2001Do4792, Nov. 9, 2001; 98Do1832, Sept. 22, 1998). Therefore, in order to determine whether a joint principal offender is established, the relationship of mutual use based on the above joint processing intention is to be comprehensively examined through the whole process of realizing the crime, including the status and role of the actors, and the solicitation of other actors.