A. In fact, the Defendant planned and led the instant crime, and delivered money from F, L, etc. according to the direction of KK, and did not in collusion with F to explain false investment products and obtain the investment money from the victims.

B. Sentencing 1 Sentencing 201 is too unreasonable because it is too unreasonable for 3 years of imprisonment).

2. Determination

A. As to the assertion of facts, the joint principal offender under Article 30 of the Criminal Code is established by satisfying the subjective and objective requirements, namely, the commission of a crime through functional control based on the intent to co-processing and the intent to co-processing. However, even if a person did not directly share and implement the elements of the crime, he/she may be held liable for the crime as a joint principal offender. However, in full view of the status, role, control or power over the process of the crime, etc. of the entire crime, it should not be deemed that a person has functional control through an essential contribution to the crime, rather than a mere conspiracy, if he/she is deemed to exist (see, e.g., Supreme Court Decision 2007Do4702, Oct. 26, 2007). In addition, even if he/she did not meet the initial method and attitude of the crime, the number of persons participating in the crime and its tendency, the time and characteristics of the place of the crime, possibility of contact with others, etc. during the course of the crime, he/she could not take reasonable measures to achieve the crime.