A defendant shall be punished by imprisonment for two years.

A. The Defendant was not involved in the act indicated in the list of crimes attached to the lower judgment, and was recognized as having contributed to the management of the company previously operated by the I Husband and wife, and only received money under the pretext of living expenses.

Even based on the statements of the persons concerned, they are responsible only for the portion arising by the end of 2012.

B. The punishment of the lower court is too heavy.

2. Determination

A. 1) Determination of the assertion of mistake of facts is that the joint principal offender under Article 30 of the Criminal Act commits a crime jointly with two or more persons. In order for a joint principal offender to be established, subjective requirements are the intent and objective requirements of joint processing, which require the fact of implementation of a crime through functional control based on a joint doctor, and the intention of joint processing is one of the two to commit a specific criminal act with a common intent, and is to shift one’s own intention to implement a crime by using another’s act.

When considering the status, role, control over the progress of crime, etc. of a person who does not directly share and implement part of the acts falling under the requirements for organization among the conspiracys, if it is recognized that a person has functional control through essential contribution to crime rather than merely a person with a simple conspiracy, he/she may be liable for the crime as a common principal offender.

When one of the persons among the persons among the persons among the persons among the persons among the persons among the persons among the persons among the persons among the persons among the persons among the persons among the persons among the persons among the persons among the persons among the other persons leave the relation of the

However, it is necessary to eliminate the functional control of the contester's behavior by the contest. Therefore, the contester's leading participation in the contest and has an effect on the execution of other contesters.