A defendant shall be punished by imprisonment for two years.

A. misunderstanding of facts and misapprehension of the legal principles, the Defendant introduced F on January 2017 upon request by “D”, which is a general responsibility for the instant Bosing criminal act, to ask a person who is engaged in an illegal sports soil site-related business to rescue the person.

F, however, does not first do the above day.

Since then, the Defendant did not go through the Defendant and directly contact with the “D” and came to commit the phishing crime with other accomplices, such as P.

Defendant did not know at all about the instant Bosing crime. However, at the time when F departs from China, he became aware of it by giving the above talks.

Considering these circumstances, the Defendant had a functional control over the above crime.

No one shall be held responsible for aiding and abetting but shall be held responsible.

B. The sentence of the lower court’s unfair sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. misunderstanding of facts and legal principles 1) In the co-offender relationship that two or more persons of the relevant legal principles jointly process for a crime, the conspiracy does not require any legal penalty, but only constitutes a combination of two or more persons to jointly process a crime and to realize the crime, and there was no process of the whole conspiracy.

Even if there are two or more persons, a public contest relationship is established if a combination of doctors is made successively or implicitly between them, and even those who did not directly participate in the act of execution should be held liable as a joint principal offender for the act of another person (see Supreme Court Decision 2001Do4947, Jul. 26, 2002). However, for this purpose, in full view of the status, role, control or influence over the criminal progress, etc. in the whole crime, the functional control over the act through essential contribution to the crime is not limited to a simple conspiracy, but also a functional control exists.