A. Each sentence of the lower court against the Defendants A, B, C, D, E, F, G, H, I, and J (the Defendant A, C, F, G, H, I: each imprisonment of one year, Defendant B, D, and E: one year, each imprisonment of one year and six months, and the Defendant J’s imprisonment of ten months) is too unreasonable.

B. Defendant K1) misunderstanding of facts: (a) although there was a fact that the Defendant was involved in the scaming crime along with the Defendant according to the proposal of Q and Q, the remaining accomplices except them were unaware of, and there was no conspiracy with AM, etc. as recorded in the facts charged against the Defendant. Therefore, the lower court convicting the Defendant of the facts charged, which erred by misapprehending the facts, thereby affecting the conclusion of the judgment. (b) The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

B. Each sentence of the lower court against the Defendants by the Prosecutor is too unhued and unreasonable.

2. Determination

A. The co-principal under Article 30 of the Criminal Code regarding Defendant K’s assertion of mistake of facts is established by satisfying the subjective and objective requirements, namely, the commission of a crime through the functional control based on the intent of co-processing and the intent of co-processing. Even if a person has not directly shared and executed part of the elements of a crime among the conspiracy, if it is deemed that there is a functional control through the intrinsic contribution of the crime, not just a simple conspiracy, but also a functional control through the intrinsic contribution of the crime, in view of the status, role, control or malicious power over the progress of the crime, etc. as a whole, the co-principal under Article 130 of the Criminal Code is established.

In this case, the method and form of crime, the number of participants and their tendency, the time and characteristics of the place of crime, the possibility of contact with others and anticipated reaction with others in the course of crime, etc. are going to be conducted or going to achieve the purpose.