1. Of the judgment of the court below against Defendant A, the part regarding each of the crimes against Defendant A [2015 high-ranking783] shall be reversed.

1. Summary of grounds for appeal;

가. 피고인들 (1) 피고인 A ㈎ 사실오인 [2016고단1034호]와 관련하여, 위 피고인은 AD을 J에게 소개하였을 뿐 J의 유사수신 행위나 금원편취에 가담하거나 공모한 사실이 없다.

The court below found guilty of this part of the facts charged, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

㈏ 양형부당 위 피고인에 대한 원심의 형([2015고단7883호]: 징역 6년, [2016고단1034호]: 징역 2년)이 너무 무거워서 부당하다.

(2) The lower court’s imprisonment (two years of imprisonment) against Defendant B is too unreasonable.

B. The lower court’s sentence against the Defendants by the prosecutor is too uneasible and unreasonable.

2. Determination

A. Defendant A’s assertion of mistake of facts (1) is not a legally required type of punishment in a co-offender’s relation to which two or more persons jointly process a crime, but a combination of intent to realize the crime by combining two or more persons to jointly process a crime. Although there was no process of the whole conspiracy, if the combination of intent was made in order or impliedly through several persons, the conspiracy relationship is established. As long as such conspiracy was made, even if those who did not directly participate in the conduct, they are held liable as co-principal for the other co-principal’s act.

(2) In full view of the following facts and circumstances, comprehensively taking account of the evidence duly admitted and examined by the judgment of the court below and the court below as to the instant case (see, e.g., Supreme Court Decision 2007Do2144, Jun. 1, 2007). (2) comprehensively taking account of the aforementioned facts and circumstances, the said Defendant may be deemed to have committed fraud and similar fishery acts while sharing the role in collusion with the J, etc., and by concluding an agreement for the payment of unrealistic profits to many victims. It is sufficient that the said Defendant had a functional control