Defendant

Although the Defendant: (a) committed a crime listed in paragraph (1) of the facts charged in the instant case (hereinafter “crime 1”); (b) in 2017, the Defendant only operated a cosmetic business and a bitcoin transaction establishment after resolving de facto marital relationship with B; and (c) did not participate in the operation of D (hereinafter “instant game site”); and (d) did not receive any distribution of operating profit of the instant game site; (b) there was no fact that the Defendant committed a crime listed in paragraph (2) of the facts charged in the instant case (hereinafter “crime 2”).

Nevertheless, the court below found the second offense guilty, and the court below erred by misapprehending the legal principles that affected the conclusion of the judgment.

Even if all of the facts charged of this case’s unfair sentencing case’s charges are found guilty, the lower court’s imprisonment (one year and April, 59,875,000 won) is too unreasonable.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

In the legal principles related to the determination of the defendant's assertion of mistake of facts, when one of the competitors has left from the public contest relationship before the others reach the action of the contest, he/she shall not be held liable as a co-principal with respect to the subsequent act of the contest. However, in the public contest relationship, it is necessary to resolve the functional control of the conduct performed by the contest. As such, when the contest participated in the public contest led it to the execution of the other contest, and the contest has an impact on the execution of the other contest, it shall not be deemed that the contest has left the public contest relationship solely on the grounds that the contest was detained unless the contest actively made efforts to prevent the crime

(See Supreme Court Decision 2010Do6924, Sept. 9, 2010). The Defendant, who committed part of the crime that constitutes a single comprehensive crime, went away from the co-offender relationship, but went away from the other co-offenders.